Until the beginning of 1994, federal law permitted mandatory retirement of tenured faculty at age 70. The Committee on Mandatory Retirement in Higher Education, formed by the National Research Council, was charged by Congress to examine potential effects on colleges, universities, and faculty members of ending the exemption for tenured faculty…

Proposed alternatives to the current tenure system are administratively, legally, and ethically unsatisfactory. If uncapping the retirement of faculty presents significant problems, which is not yet clear, the academic community would be better advised to explore voluntary early retirement programs and policies. (Author/MSE)

Mandatory retirement of college faculty, as affected by the amendments to the Age Discrimination in Employment Act (ADEA), is considered in relation to the changing faculty age profile, retirement strategies to cope with ADEA, and other issues under ADEA. ADEA raised the mandatory retirement age from 65 to 70, and tenured faculty were exempted…

Tenure arrangements are long-term contracts. If their duration is clear, they will protect academic freedom, provide institutions with the flexibility needed to meet changing circumstances, and comply with age-discrimination laws. Policy for the termination of tenure must be redesigned to satisfy competing needs and goals. (Author/MSE)

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)

There is a strong movement toward legal abolition of fixed-age retirement in Canada. Several factors justify the existing practice, but these arguments are unlikely to prevail, and institutions should consider administrative measures such as facilitation of early retirement, modified benefit plans, and more systematic faculty assessment throughout…

A university needs to put to best use the experience, wisdom, and capacities for reflective and integrative thinking that can be found among those older faculty that have been previously forced to retire. Many older academics can do a lot to fill gaps in interdisciplinary and problem-oriented research. (MLW)

Provisions of the Age Discrimination in Employment Act are reviewed along with AAUP retirement policy. Attention is focused on the impact on new faculty hiring and compensation costs and institutional strategies. The total effect on academic tenure is assessed. (LBH)

The 1978 amendments of the Age Discrimination in Employment Act tenure exemptions are discussed. The question of whether faculty members now serving in nontenured capacities can be dismissed on the basis of age is examined. A rebuttal to an article by Stuart H. Bompey is included. (MLW)

Introducing more flexibility into the fixed dates for termination of tenure is consistent with academic freedom and higher education's mission. However, such a policy should encourage both continuity and change, preserve job security and accountability, allow for institutional and faculty planning, comply with laws, and harmonize with a retirement…

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 Age Discrimination in Employment Act of 1967 (ADEA) was enacted to combat the denial of equal employment opportunity based on age. This article discusses the major court decisions interpreting the ADEA and makes various suggestions for improving its effectiveness. (Editor/JT)

Existing regulations, case law, and limited legislative history indicate that an institution can continue to employ faculty without tenure after age 65. However, once tenure is removed, the faculty member is entitled to all the protection of the Age Discrimination in Employment Act. (MSE)

The 1978 amendments to the Age Discrimination in Employment Act (ADEA) and their effect on college and university retirement practices are discussed. Lobbying efforts of higher education associations, an analysis of case law under ADEA prior to 1978 amendments, and major issues facing college counsel and administrators are reviewed. (MLW)

In enacting federal age discrimination legislation, Congress has not preempted the ability of the states to afford more protection to employees from forced retirement than the federal act provides. States with and without age discrimination laws and other sources of law are briefly discussed. (MLW)