This chapter examines cases reported during 1981 concerning school employees. In the format used, federal questions are addressed first, then issues associated with state laws. The author deals with cases in the areas of discrimination in employment, substantive constitutional rights of speech and association and privacy, and procedural due…

An affirmative action requirement for government contractors imposed in 1974 by the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor is reviewed from the point of view of a government contractor, especially an institution of higher education. The eight factor analysis requirement is designed to provide the…

This chapter analyzes 1982 decisions involving legal issues in public school employment. Cases in areas of federal law are discussed first, including: discrimination in employment (race, sex, religion, age, and handicap); substantive constitutional rights (speech, association, and religion); and procedural due process (property interest, liberty…

The collective bargaining agreement between Lincoln University and the university chapter of the American Association of University Professors (AAUP) is presented covering the period September 1, 1986 through August 31, 1988. The following 20 articles comprise the document: recognition; definitions; purpose of agreement; university administration;…

Seven experts in the law as it applies to postsecondary education have contributed six articles to this book-length discussion of relevant court cases decided in 1979. Topics addressed include governance and finance, property owned by educational institutions, tort liability cases affecting schools, litigation required in clarifying relations…

This paper outlines and explains legal issues related to race-based affirmative action, which is defined as race-conscious action designed to overcome manifest racial imbalance. The paper highlights the history of affirmative action and its following objectives: (1) to overcome the effects of past discrimination; (2) to ensure against future…

Developed over a 2-year period, this manual is a guide for school district officials in developing fair and consistent hiring procedures. Section 1 is a brief compilation of the federal laws and regulations governing hiring practices in the public elementary and secondary schools. It includes legislation relating to civil rights, fair employment…

The purpose of this chapter is to offer an overview and analysis of all the cases rendered during 1980 concerning the legal parameters of employment issues in institutions of higher education. Judicial review of employment decisions encompassed a broad range of actions, including selection and appointment; dismissal and nonrenewal; the termination…

This first chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 250 state and federal court decisions handed down in 1985 affecting the legal rights of employees of public schools and state education agencies. Among the topics examined are discrimination on the basis of race, religion, sex, national origin, age, and handicap;…

The collective bargaining agreement between the University of Delaware and the university chapter of the American Association of University Professors (AAUP), covering the period July 1, 1986 through June 30, 1988, is presented. Topics covered include the following: agreement; purpose; recognition; AAUP membership; AAUP representatives and…

The collective bargaining agreement between Vermont State Colleges (VSC) and Vermont State Colleges Faculty Federation, an affiliate of the American Federation of Teachers (AFT), is presented that covers the period from September 1, 1986 through August 31, 1988. The following 48 articles are included: definitions, recognition, management rights,…

The collective bargaining agreement between the board of regents of the University of Nebraska at Omaha (UNO) and the university chapter of the American Association of University Professors (AAUP) for the period July 1, 1986 through June 30, 1987 is presented. The agreement's five articles include the following: (1) definition of terms; (2)…

In 1979 judicial activity continued to add to the body of law available relative to relationships between universities and colleges and their employees. Cases touched on the nature of the contract when an offer of employment has been made and accepted, benefits and working conditions, and termination and the procedural safeguards involved.…

The collective bargaining agreement between Kent State University and the Kent State chapter of the American Association of University Professors is presented. Detailed are policies under the following 14 articles: recognition and dues deduction; management rights; governance (faculty participation at several levels); grievances and appeals…

The collective bargaining agreement between Rutgers and the Rutgers Council of the American Association of University Professors (AAUP) chapters is presented, covering the period from July 1, 1986 through June 30, 1989. Topics include the following: purpose; academic freedom; recognition; nondiscrimination; deduction of professional dues;…