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Eckes, Suzanne E.; McCarthy, Martha M. – American Educational Research Journal, 2008
Gay, lesbian, bisexual, and transgendered (GLBT) public school educators' rights have not been clearly delineated by the courts. As such, the outcomes in legal controversies involving adverse employment consequences based on teachers' sexual orientation have varied somewhat across jurisdictions and have been decided on a case-by-case basis. To…
Descriptors: Employees, Courts, Sexual Orientation, Court Litigation

McCarthy, Martha M. – Journal of Educational Equity and Leadership, 1985
Reviews and analyzes recent court decisions and Federal laws and regulations regarding seniority systems as they affect groups that have been discriminated against in hiring. Finds that although individual victims of discrimination have won seniority adjustments, class remedies are more problematic. (GC)
Descriptors: Court Litigation, Equal Opportunities (Jobs), Federal Legislation, Seniority

McCarthy, Martha M. – Educational Leadership, 1976
Supreme Court decisions are reviewed to determine the status of a constitutional right to education. (GW)
Descriptors: Civil Rights, Constitutional Law, Educational Opportunities, Equal Education

McCarthy, Martha M. – Journal of Educational Equity and Leadership, 1980
Analyzes recent litigation as to the vitality of constitutional protections as compared to Title VII guarantees in combatting discriminatory employment practices. Provides guidance for individuals seeking legal remedies for alleged discrimination and for employers who are attempting to comply with antidiscrimination mandates. (Author/GC)
Descriptors: Affirmative Action, Civil Rights Legislation, Court Litigation, Equal Opportunities (Jobs)

McCarthy, Martha M. – Journal of Educational Equity and Leadership, 1987
Provides an overview of three significant Supreme Court decisions involving challenges to affirmative action plans. Considers their implications for affirmative actions in public employment. (LHW)
Descriptors: Affirmative Action, Court Litigation, Employment Practices, Equal Opportunities (Jobs)

McCarthy, Martha M. – Educational Horizons, 1993
Reviews court cases about the education of undocumented immigrant children, rights of non-English-speaking children, and employment of immigrant teachers. (SK)
Descriptors: Court Litigation, Equal Education, Equal Opportunities (Jobs), Immigrants
McCarthy, Martha M. – 1984
This chapter provides an analysis of seniority rights under Title VII of the Civil Rights Act of 1964, which bars discrimination in employment. Two legal theories have arisen in assessing Title VII claims: discriminatory treatment, in which the burden of proof of discriminatory intent lies with the plaintiff, and discriminatory impact of neutral…
Descriptors: Affirmative Action, Civil Rights Legislation, Compliance (Legal), Court Litigation

McCarthy, Martha M. – Journal of Educational Equity and Leadership, 1985
Presents an overview of litigation pertaining to the use of tests in public employment. Provides guidelines for the development of teacher testing programs within legal parameters. (KH)
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Equal Opportunities (Jobs)
McCarthy, Martha M. – 1978
This paper discusses sex discrimination as a judicial issue. Cases addressing differential treatment of men and women in the following areas are explored: student admissions practices, student athletic programs, employee pregnancy benefits and maternity leave policies, employee retirement benefits programs, and prerequisites to employment. Also…
Descriptors: Admission Criteria, Athletics, Court Litigation, Elementary Secondary Education

McCarthy, Martha M. – Harvard Educational Review, 1983
The author considers the legality of minimum competency testing diploma requirements applied to the handicapped in light of (1) their constitutional and statutory rights to nondiscriminatory treatment, (2) their statutory right to an appropriate education, and (3) their constitutional right to substantive and procedural due process. (Author/SSH)
Descriptors: Civil Rights Legislation, Constitutional Law, Disabilities, Disability Discrimination
McCarthy, Martha M. – 1983
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…
Descriptors: Affirmative Action, Age Discrimination, Civil Rights Legislation, Court Litigation
McCarthy, Martha M.; And Others – 1978
Guidelines for using training materials that are designed to advance women's equity are presented. This resource manual accompanies materials developed by Indiana University and may be used in conjunction with training sessions for administrators and policy-makers in postsecondary institutions or by individuals or groups interested in equity…
Descriptors: Administrators, Affirmative Action, College Students, Course Evaluation

McCarthy, Martha M. – 1983
This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…
Descriptors: Affirmative Action, Age Discrimination, Civil Rights Legislation, Court Litigation