Tenure decisions under Title VII

Article Abstract:

Two recent federal court cases underscore the necessity for educational institutions to ensure that the protected status of individuals being reviewed for tenure is not improperly considered. Professor Rosalie Tung, denied tenure by the University of Pennsylvania, sued the school for discrimination on the basis of gender, sex, and national origin under Title VII of the Civil Rights Act of 1964. The US Supreme Court held that the Equal Employment Opportunity Commission (EEOC) has the right to subpoena confidential tenure review documents when the information is relevant to the EEOC's investigation of employment discrimination. Professor Julia Brown, denied tenure by Boston University, sued the school for sex discrimination under Title VII. The First Circuit Court of Appeals decided tenure was an appropriate remedy for employment discrimination under Title VII and awarded the complainant tenure and monetary damages.

Cases, College teachers, College faculty, University of Pennsylvania, United States. Supreme Court, United States. Court of Appeals for the 1st Circuit, Teacher tenure, Boston University, Tung, Rosalie, Brown, Julia

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ADA signed into law

Article Abstract:

The Americans with Disabilities Act of 1990 (ADA), which was signed into law July 26, 1990, prohibits discrimination against the handicapped in private employment, public accommodations, telecommunications, and public transportation and services. The ADA requires employers to make reasonable accommodations for qualified handicapped people unless doing so would cause the employer undue hardship. Undue hardship includes action requiring significant difficulty or expense. Homosexuality and bisexuality are listed in the ADA specifically as not being impairments, and therefore are not covered by the Act. To ensure they are in compliance with the ADA employers should assess on a case-by-case basis the affect of the individual's impairment on job performance, the nature and extent of the necessary accommodation, and the extent of the undue hardship.

Employment, Discrimination against disabled persons, Handicapped discrimination

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OSHA issues final; lockout/tagout standard

Article Abstract:

The Occupational Safety and Health Administration (OSHA) recently issued the Control of Hazardous Energy Sources (Lockout/Tagout) standard. The standard requires that energy sources be disconnected or turned off and switches to be locked or warning tagged in an effort to protect workers from hazardous energy sources. Ways employers can comply with the rule include: developing energy control programs; locking equipment that can be locked; and ensuring new or rebuilt equipment can be locked. Industries not affected by the ruling include maritime and agricultural employment, oil and gas drilling, and electric power generation by utilities. These and other excluded industries will be regulated in the future.

Energy policy, United States. Occupational Safety and Health Administration

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