The plaintiff in "Scheiber," a Jewish man, had been employed for 20 years by Saint John's University. Reviews the "Scheiber" case in the context of employment implications for religious schools. Proposes an "ownership/control-plus" model as the appropriate standard for determining whether religious employment…

In May 1954, the Supreme Court handed down its unanimous 9-0 opinion in "Brown v. Board of Education of Topeka, Kansas" ("Brown I," 1954). In holding that de jure segregation in public schools based on race violated the Equal Protection Clause, the Court prepared American society for a larger concept, namely that children in…

A Supreme Court decision involving employees discharged by Mormon Church-owned corporations because they did not satisfy religious requirements was based on a Title VII statutory exemption permitting discrimination. The decision protects religious organizations that consider religious compatibility in employment relations. Caution in expanding…

Religious educational institutions have enjoyed judicial and congressional protection for religious discrimination. Reviews legislation and case history. Proposes eliminating all discrimination on the basis of religion except where a religious educational institution is owned/controlled by a religious organization. (82 footnotes) (MLF)

In "Kamehameha," the Ninth Circuit Court of Appeals found that the schools were covered by none of the exemptions permitting employment discrimination on religious grounds. The decision has the potential to cause difficulties for religious educational institutions that are not church controlled but desire to impose religious requirements…

Although certain constitutional rights do not apply to private institutions, striking similarities in employment problems exist between public and private colleges. Summarizes court litigation involving constitutional standards, established public policy, contractual problems, and financial exigency. Offers procedures for faculty dismissal that…

The recent upsurge in the number of Age Discrimination in Employment Act cases suggests the need for a warning about unacceptable employment practices. Focuses on problems attendant to adversely affecting the employment status of over-40-year-old employees. (MLF)

This chapter covers over 200 cases reported in 1990 involving precollegiate, public-sector employees. Those cases where procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Unlike many years in the past, 1990 saw no Supreme Court cases related to school employment. As in previous years, the…

This chapter covers the nearly 220 cases reported in 1989 involving precollegiate, public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline has the greatest…

This chapter covers the nearly 230 cases reported in 1988 involving precollegiate, public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline has the greatest…

This chapter covers the nearly 250 cases reported in 1987 involving precollegiate public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Although no United States Supreme Court cases in 1987 related to school employees, those from prior years are…