Tenure

News & Analysis as of

Changes to the New York City Retirement Systems’ Proxy Guidelines

The New York City Retirement Systems (NYRS) recently published a major overhaul of their proxy voting policies, the first in 30 years. Released in April 2016, the “Corporate Governance Principles and Proxy Voting Guidelines”...more

Blog: Does Director Tenure Affect Company Value?

With a number of institutional investors and proxy advisory firms advocating that public companies adopt “board refreshment” policies, much energy has been devoted to studying the impact of director tenure in the context of...more

Board Refreshment: Investors Respond to Trends in Mandatory Retirement Age and Tenure with More Stringent Voting Policies

As many institutional investors have concluded, prevailing governance policies and practices have not produced desired board refreshment, which these investors would support in order to strengthen expertise, promote diversity...more

Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor....more

Blog: Scrutiny Of Director Tenure Continues: Is It The Next Cause Célèbre?

The scrutiny of pale, stale and male boards continues, this time focused on the “stale,” that is, long-tenured directors. According to the WSJ, institutional investors are increasingly questioning whether more turnover on...more

Blog: Does The Rise Of The “New Insider” Mean That It’s Time For A Board Refreshment Policy?

The term “board refreshment” may elicit some giggles – no, we’re not talking about shots of The Balvenie 50-Year Old Single Malt Scotch Whisky, Speyside, Scotland – but the topic of director tenure is increasingly becoming...more

High Court Reviews Protected Activity Under SLAPP Statute

In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is...more

CAS Legal Mailbag Question of the Week – 1/22/16

Dear Legal Mailbag: I need some clarification. As a new assistant principal, I am responsible for coordinating meetings with non-tenure teachers to give them the good news or the bad news about their tenure...more

Must An Employer Tolerate Truly Obnoxious Employee Speech That Is Not Job-Related?

There is a tenured professor at Florida Atlantic University School of Communications and Multi-Media Studies who has gained notoriety because of his public statements, including a blog, which claim that virtually every mass...more

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

Seventh Circuit Again Limits Application Of The Wal-Mart Ruling And Certifies Chicago Teachers’ Discrimination Claims

In Chicago Teachers Union, Local No. 1, American Federation of Teachers, AFL-CIO v. Bd. of Educ. of the City of Chicago, Case No. 14-2843 (7th Cir. Aug. 7, 2015), the U.S. Court of Appeals for the Seventh Circuit reversed a...more

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Laid-Off Chicago Teachers Clear Class Certification Hurdles

In 2011, the Board of Education of the City of Chicago laid off over 1,400 teachers and paraprofessionals, all of whom belonged to the same union. The Board chose which schools would be subject to layoffs and it was then up...more

Teacher Discipline Pursuant to §3020-a of the New York State Education Law: Significant Changes

Several years ago, there were changes made to §3020-a intended to streamline the process of disciplining a tenured teacher/administrator. Effective July 1, 2015, even more significant changes have been made to the statute...more

School Districts: Changes To APPR And Teacher Tenure (4/15)

While not as extensive as first proposed by the Governor, the enacted 2015-2016 budget bill will result in significant changes to the structure of Annual Professional Performance Reviews (APPR) for classroom teachers and...more

Former Harvard Professor Files Title IX Lawsuit After Being Denied Tenure

Over the past year, an exceptional number of colleges and universities have been accused by both complainants and accused students of mishandling complaints of sexual misconduct in violation of Title IX. Now, in a somewhat...more

Justice Department sues university in Oklahoma on behalf of transgender professor

One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent...more

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

The Electronic Communications Code - Security of Tenure

This is our second article on the Electronic Communications Code. A key issue for operators to be aware of when entering into agreements with landowners or occupiers for the siting of telecoms apparatus on their land is...more

The NLRB Appears To Clear The Path Toward Greater Unionization Of Private Colleges And Universities

In a decision notable for not just one, but two revisions to established National Labor Relations Board (the “Board”) analytical framework, the Board appears to open the door toward increased unionization of private...more

Director Tenure: A Solution in Search of a Problem

Director tenure continues to gain attention in corporate governance as term limits become a cause célèbre. Proponents argue directors should no longer qualify as independent after 10 years of service, even though no law, rule...more

EuGH: Befristete Vertretungen in der Schule nicht unbegrenzt möglich

Es entspricht in Deutschland üblicher Praxis, dass im Schulbereich zur Vertretung kranker Lehrkräfte oder solcher, die sich in Mutterschutz oder Elternzeit befinden, befristete Arbeitsverträge abgeschlossen werden. Diese...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

Connecticut's Tenure Reform In The Wake of Vergara v. State of California

In a 1789 letter, Benjamin Franklin made the now oft-quoted observation that “in this world nothing can be said to be certain, except death and taxes.” For many years, however, that certitude has been equally applicable in...more

When A Judge Declares A Statute Unconstitutional, What’s An Agency To Do?

In the recent California gubernatorial debate, Governor Jerry Brown defended his decision to appeal Judge Rolf M. True’s ruling in Vergara v. California, Cal. Super. Ct. Case No. BC484642 (June 10, 2014). The case has...more

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