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THE FEDERAL JUDICIARY, DISCRIMINATION, AND ACADEMIC PERSONNEL POLICY
Author(s) -
LaNoue George R.
Publication year - 1981
Publication title -
policy studies journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.773
H-Index - 69
eISSN - 1541-0072
pISSN - 0190-292X
DOI - 10.1111/j.1541-0072.1981.tb00313.x
Subject(s) - salary , statute , promotion (chess) , government (linguistics) , civil rights , public administration , political science , business , law , higher education , public relations , philosophy , linguistics , politics
During the Seventies more than 133 civil rights decisions regarding academic personnel practices were issued by the federal judiciary. Various statutes were utilized to test the validity of personnel record confidentiality, academic credentials in job selection, pension plans and salary systems, and contract renewal, promotion and tenure decisions. Generally academic institutions lost when they challenged the jurisdictional and procedural authority of the government, but won a substantial majority of cases where individual faculty attacked a personnel decision. Overall the most significant trend was the growing willingness of federal courts to require that academic personnel policies conform to broad principles of civil rights law. In the Eighties these principles may substantially alter traditional personnel policies in higher education.