As part of the promotion and tenure process, colleges and universities have primarily evaluated faculty members on three key functional areas: research, teaching, and service. In this article, we examine how the use of collegiality as a possible fourth criterion for faculty evaluation affects faculty power dynamics, how U.S. courts have addressed…

Zero hour contract is an arrangement between employers and employees which does not include minimum working hours and employees have to be available in order to work in any time. There is a legal definition of it in New Zealand recently however it might be carried out under casual contract which is legal. Zero hour contract is a big problem in…

During the aftermath of the First Red Scare in the 1930s and during the early stages of the Cold War in the 1940s, the United States engaged in a great national effort to preserve and protect its capitalist system from international rival--the communist Soviet Union. In the American South, states such as Georgia, Mississippi, and Alabama faced a…

Most position descriptions for college and university faculty include benchmarks that indicate assumptions about collegiality. Criticism about this practice has been voiced for years. But case law in the United States has upheld the use of collegiality as a factor in decisions regarding faculty employment, tenure, and promotion. Indeed, several…

Law classes help reveal the successes of the American legal system. Students observe that the law is honorable, workable, and effective. At the same time, law classes offer the opportunity to look at those situations where the legal system sometimes struggles to achieve its justice goals. Students certainly need to learn that lesson, but they also…

Presents some guidelines and strategies that college professors who feel that they have been victims of discrimination should consider before they decide to pursue litigation. Exhausting internal appeals, gathering evidence carefully, and looking critically at one's goals are advocated. (SLD)

This paper examines the controversy of e-mail privacy in the workplace. Once an employee uses an e-mail system that belongs to the employer, according to recent case law, their privacy rights are forfeited. Employers will now have to start creating policies to safeguard themselves from expensive litigation, and employees will have to be more…

Four state court cases are discussed, involving the issue of employing noncertified versus certified teachers in gifted education and teachers with seniority versus gifted education experience. Based on the two West Virginia cases and two Pennsylvania cases, it is concluded that mandatory certification provides greater legal protection for gifted…

Discusses the important age discrimination issues decided by the Supreme Court in "Public Employees Retirement System of Ohio v. Betts." Frames some of the issues expected to be hard fought in post-Betts litigation. Summarizes how pending legislative initiatives would deal with the question of benefits discrimination against older…

The impact on college tenure and promotion practices of a Supreme Court decision, "University of Pennsylvania versus the Equal Employment Opportunity Commission," is discussed. The decision required the university to disclose confidential tenure files to the EEOC in the investigation of employment discrimination charges. (MSE)

The issue of qualifications for tenure is examined with attention to judicial tests for qualification in lawsuits in which faculty alleged that negative tenure decisions were infected with illegal discrimination. The focus is the degree to which a faculty plaintiff must demonstrate at the first stage of the lawsuit that he or she was qualified for…

In 1989, Walter E. Kimm, III applied for a position as an admissions representative at Brookdale Community College (BCC), in New Jersey. As a result of BCC's nonresponsiveness, he reapplied, using a slightly modified resume, as "Suzy Ming Cheng." Whereas "Suzy Ming Cheng" was invited to an interview for the position, Kimm was…

Academicians can determine by their own acts whether outsiders can, by subpoena, compel disclosure of their research. Institutional employment policies limiting the amount and nature of outside consultation and information policies establishing the confidentiality of data acquired in research will limit the extent to which disclosure can be…

This report discusses sex-based wage discrimination, the role of comparable worth doctrine in analyzing or combating such discrimination, and the appropriateness of the remedial prescriptions that comparable worth doctrine envisions. The report consists of a brief introduction and five chapters. Chapter 1 presents a brief overview of women in the…

Many federal laws, such as Title VII of the Civil Rights Act of 1964, have enabled women and minorities access to the workplace. These same laws have mandated that employers prevent discrimination against women and minorities, yet when employers utilize various strategies for eliminating discrimination in the workplace, they have found themselves…