Discusses two major barriers to successful legal challenges to denial of tenure based on allegations of gender or race discrimination: court deference to academic decision-making and the complexity of the process leading to the granting or denial of tenure. (PKP)

The Supreme Court has ruled that statistical evidence about the effects of an employer's policies can be used to prove discrimination in situations where a variety of imprecise criteria are used. The decision is applicable to faculty salary and tenure disputes. (MSE)

Examines the bases for and ramifications of the Supreme Court's decision to allow the Equal Employment Opportunity Commission (EEOC), on behalf of plaintiffs alleging discrimination in tenure decisions, to compel universities to disclose previously confidential peer review materials. (86 references) (MLF)

A recent Supreme Court ruling in a lawsuit concerning sex discrimination in corporate promotion decisions had circumstances similar to those in academic discrimination litigation, and may make it easier for college faculty to bring discrimination cases against colleges and universities. (MSE)

This article focuses on techniques some courts have utilized to balance the tensions between the aggrieved faculty members who allege discrimination--sex, race, national origin, handicap, age--in the promotion process and who seek disclosure of the peer review process and the colleges at which the charges are levied. (MLW)

Court definitions of faculty First Amendment rights and the relationship of these rights to academic freedom are reviewed in the context of a recent Supreme Court ruling. (28 references) (MLF)

In a unanimous ruling, the Supreme Court is requiring the University of Pennsylvania to give faculty peer-review documents to the Equal Employment Opportunity Commission for its investigation into a sex discrimination case. Academics fear infringement of academic freedom and privacy. (MSE)

The texts of the Supreme Court's syllabus and unanimous opinion in the University of Pennsylvania vs. Equal Employment Opportunity Commission is presented. The case involves release of peer-review records in a faculty sex discrimination suit. (MSE)

Due process procedures that are judicially required in public colleges and universities when tenured faculty are involuntarily terminated for cause were identified through analysis of federal case law. Other areas of case law pertaining to due process were reviewed, including student dismissals from public colleges and universities, and property…

The impact on college tenure and promotion practices of a Supreme Court decision, "University of Pennsylvania versus the Equal Employment Opportunity Commission," is discussed. The decision required the university to disclose confidential tenure files to the EEOC in the investigation of employment discrimination charges. (MSE)

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

In "University of Pennsylvania," the Supreme Court unanimously rejected a privilege protecting the confidentiality of material assembled for tenure decisions. Focused on sex discrimination complaints, this article addresses how tenure committees can prevent "smoking guns" from getting in tenure review files and who can look in…

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…

It is believed that the courts have intruded on the prerogatives of academics to use peer evaluations in personnel decisions. An analysis of academic discrimination cases in the federal courts demonstrates that judicial review is deferential to peer judgments and appears to have little impact on colleges' faculty personnel policies. (Author/MLW)

Contends that the Supreme Court decision in "Penn" that ruled the university must disclose confidential tenure files to the Equal Employment Opportunity Commission (EEOC) strengthens, rather than threatens, academic freedom and valid academic decision making. Analyzes a number of issues related to academic freedom and discrimination…