News & Analysis as of

Tenure Employer Liability Issues

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Expands Law Against Discrimination to Address Age Discrimination

What You Should Know: •New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees •New Jersey government or state employers no longer have the authority to enforce...more

Franczek P.C.

Illinois Community Colleges Cannot Replace Laid Off Tenured Faculty with Adjuncts

Franczek P.C. on

On December 17, 2020, the Illinois Supreme Court ruled that a community college violated the Illinois Public Community College Act when it replaced laid off tenured faculty members  with adjunct faculty. The case addressed...more

Burr & Forman

South Carolina Professor Loses Breach of Employment Contract Case

Burr & Forman on

A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Finds No Discrimination or Retaliation in Harvard’s Tenure Decision

In Theidon v. Harvard University, No. 18-1279 (January 31, 2020), the U.S. Court of Appeals for the First Circuit affirmed a lower court’s decision granting summary judgment for Harvard University as to a female professor’s...more

Franczek P.C.

Three Key Takeaways from Decision on Teacher Dismissal for Erratic Behavior

Franczek P.C. on

A recent Illinois State Board of Education hearing officer decision upheld the dismissal of a tenured teacher who engaged in off-topic rants in the classroom, stored pornographic images on a district laptop, and refused to...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

Franczek P.C. on

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

Hogan Lovells

D.C. Circuit Rejects “Academic Deference” Argument In Tenure Denial Discrimination Cases

Hogan Lovells on

On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more

Burr & Forman

Think your evidence is solid? Jury, judge, and appeals court may disagree

Burr & Forman on

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

Allen Matkins

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

Allen Matkins on

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

Bond Schoeneck & King PLLC

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

U.S. Equal Employment Opportunity Commission...

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...more

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