Overviews Rule 23 (Federal Rules of Civil Procedure) governing class actions in the federal courts and analyzes the issues raised in class determinations for employment discrimination suits under Title VII (Civil Rights Act 1964). Discusses damage claim immunity for public institutions and limitations on evidence offered to prove discrimination.…

The Director of Policy Communications, Office of Civil Rights, U.S. Department of Health, Education, and Welfare (HEW) makes suggestions for implementing affirmative action plans: identify employment patterns and practices that discriminate against minorities and women, taking necessary steps to stop them, and monitor the effectiveness of the…

The most common grounds for dismissing tenured faculty have been incompetence, immorality, neglect of duty, and insubordination. Judicial evaluations of substantive grounds for dismissing tenured postsecondary faculty for cause are discussed. (MLW)

Recent cases in which the courts have either ordered reinstatement of dismissed tenured faculty or refrained from doing so are surveyed, and the themes that generally distinguish one decision from the other are examined. (MSE)

Issues involved in government regulation of university employment practices are discussed: confidentiality of records, pregnancy as a disability, alleged discrimination in benefits, tests and other employment criteria, seniority and layoff, reverse discrimination, use of statistics for determination of discrimination, and the Equal Pay Act. (JT)

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

In court litigation in which women prison guards' claim of pay discrimination was rejected at the local level, the Supreme Court ruled that the case could be debated based on workers'"comparable worth" instead of "equal work," the traditional argument. Further litigation on the comparable worth issue is anticipated. (MSE)

Reviews questions posed by the draft guidelines issued in June 1974 by the Department of Health, Education, and Welfare (DHEW) for implementation of the provisions of Title IX of the Education Ammendments of 1972 requiring nondiscrimination on the basis of sex in educational programs and activities receiving or benefiting from federal financial…

This analysis of the Age Discrimination in Employment Act of 1967 (ADEA) traces the issues that have emerged in litigation and summarizes the developing law, showing the implications in the university context and suggesting rules of thumb for accommodating the Act with the valid educational demands of the affected institutions. (JT)

Some current controversies in the growing body of equal employment law are examined: wage comparability in the context of sex discrimination; procedural sections of the laws and related litigation; class actions by the Equal Employment Opportunities Commission; the scope of litigation; and the criteria for conferring standing on the plaintiff.…

The rapid hiring and firing of college athletic coaches, the litigation brought in breach of employment contracts, and the special problems presented by coaching contracts have raised hard legal questions about proper methods of contract enforcement and recovery of damages. (MSE)

Existing regulations, case law, and limited legislative history indicate that an institution can continue to employ faculty without tenure after age 65. However, once tenure is removed, the faculty member is entitled to all the protection of the Age Discrimination in Employment Act. (MSE)

Nontenured faculty's claims to tenure as a property right, by virtue of common law principles, are examined from historical and litigation perspectives. The common law analysis proposed is applied to employment relationships in private and public institutions. (MSE)

The writers discuss tactics and techniques they have found productive in defending a variety of claims including allegations of unequal pay, wrongful termination, refusal to hire, violations of the employer's affirmative action plan, and a refusal to grant admission to a specialized or remedial program. (Author/JT)

A review of 1986 litigation with an impact on higher education looks at both major developments and the expanding breadth and variety of the law of higher education. It explores developments concerning the institution, the employment situation of faculty and staff, and students. (MSE)