There is ample evidence that there still is a pay gap amongst men and women and the situation is no different if academia. Many studies have examined various types of gender discrimination in academia and two areas in particular are problematic--salaries and representation of female faculty in upper ranks of academia. This paper examines the past…

Almost thirty years ago, Justice William Brennan saw clearly that American higher education was coming under the same pressures to "cut costs and increase efficiencies" to which market forces were subjecting businesses. Since Justice Brennan's observation, employers generally have sought to maximize their "flexibility' by creating a…

How Title VII of the Civil Rights Act litigation has affected universities is reviewed. The applicability of statistical evidence in university Title VII actions and the different uses courts have made of such evidence are discussed. (MLW)

The concept of academic tenure is examined in relationship to charges that it may violate Title VII of the Civil Rights Act regarding equal opportunities for women and minorities. The author finds no reason why a well-administered award tenure system utilizing collegial judgment is inconsistent with Title VII. (JT)

Attempts to clarify the application of rules against employment discrimination by examining the nature of the seniority system and examining the theory and mechanism of federal court and administrative agency remedies. Reviews recent problems that have tested these remedies, focusing on layoffs and liability-minimizing initiatives open to…

Increased litigation in areas of indirect discrimination in higher education is expected. Indirect discrimination may manifest itself in an institution's failure to promote or grant tenure, its transfer of personnel, changes in the nature of assignments, harassment of faculty members, or other actions that ultimately cause the employee to resign.…

Argues that enforcement of Title VII in academic institutions has been hampered by protection of the confidentiality of the peer review process, and that in a Title VII case it is important to expose the substance of the peer-review process because such evidence may provide a manifestation of biases in the litigated employment decision. (MLF)

In the 12 years since nondiscrimination statues became applicable to faculty employment, faculty women have had little success in winning legal redress for employment discrimination in hiring, salary, promotion, and tenure. Tenure and confidentiality, disparate treatment and disparate impact, and internal remedies are discussed. (MLW)

Argues that judicial deference to a university's denial of tenure based on an allegedly unclear accent may be unjust. Discusses: (1) the usual tenure process; (2) Title VII action and academic deference; (3) evidence that inherent bias against accents in the classroom hurts non-white instructors; and (4) proposed action for courts and…

Promotion and tenure decisions in higher education are discussed and identified as no longer private affairs within departments, but subject to affirmative action guidelines and court scrutiny. Increasing numbers of discrimination complaints are forcing committee members to justify publicly decisions that were once left to their private…