These four newsletters contain articles and columns on legal issues of interest to private colleges and universities (particularly those related to the United Methodist Church). Feature articles include: (1) "Administrators and Authority: Who Obligates the College?" which focuses on the conditions under which conflicts over alleged…

Addresses the value and support of older employees in child care programs. (HOD)

For those institutions endeavoring to increase the likelihood of older workers' leaving, a diversified set of retirement options is suggested. Many employers are offering an interim period of part-time employment before final retirement. Evaluations should not be used to drive employees into retirement. (MLW)

Discusses use of age-related criteria in hiring/continued employment practices in higher education, focusing on an exception in the Age Discrimination in Employment Act allowing employment-related decisions based on "reasonable factors other than age." The language appears to allow limited use of express age criteria where the employer's…

This affirmative action (AA) guide is intended to identify and remove discriminatory employment practices that may still exist in the North Carolina State Department of Public Instruction (DPI). DPI extends equal employment opportunity (EEO) to all applicants and employees without regard to race, color, religion, sex, age, handicap, political…

Studies state library agency job application forms from the 50 state libraries to determine whether these agencies comply with state and federal laws regarding fair employment practices. Findings revealed that some states violate EEOC guidelines, especially concerning job application flow data. (CDD)

Research does not support the contention that underrepresentation of women and minorities in the educational administration hierarchy is a function of deficits in training, competence, experience, and number of qualified applicants. The purpose of this study was to examine factors affecting the entrance of women and minorities into this hierarchy.…

Economic underpinnings of retirement incentives and case law leading to the Older Workers Benefits Protection Act (1986) are reviewed; implications for early retirement incentives for college faculty are considered. It is concluded that congressional intent is not to foreclose such incentives and that the Age Discrimination in Employment Act…

The uncapping of college faculty retirement age in 1994 has implications for tenure, retirement programs, and potential for age discrimination litigation. Institutions should carefully examine the probable impact of the change on the quality of their academic programs and financial situation and develop contingency plans as early as possible. (MSE)

An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…

This report discusses whether the special circumstances of tenured faculty in higher education justify a continued exception to the national policy prohibiting age discrimination in employment, and examines a number of practical steps that are available or could be made available to address the problems raised by the elimination of mandatory…

Changes in retirement patterns at colleges and universities can be expected because of demographic reasons and because of federal and state legislation uncapping mandatory retirement. Institutional policies that will encourage reluctant older faculty to retire need to address the three fundamental components of successful employee retirement: (1)…

Reviews lower court developments in 1995 that applied and developed earlier Supreme Court precedents concerning employment discrimination in higher education in the areas of discrimination based on race, color, or national origin under state and federal laws; gender discrimination under state and federal law, including two cases of voluntary…

A national random sample of senior high school principals evaluated the paper credentials of hypothetical teacher candidates varying both in national origin (Asian, Hispanic, or Native American) and in chronological age (control condition, 29 years old, or 49 years old) for a focal teacher position either in their building (proximal) or in their…

This booklet discusses the risks that educational institutions face in regard to employment discrimination litigation and outlines a program to effectively manage such risks. Institutions need to address three main types of employment discrimination issues: sexual harassment, disability-based discrimination, and age discrimination. To deal with…