University of California at Davis Law Review, Vol. 20, p. 501, 1986-1987
49 Pages Posted: 1 Oct 2011
Date Written: January 1, 1986
Most colleges and universities make faculty employment decision in an extremely decentralized system that relies heavily on subjective criteria. This system may meet the needs of an educational institution, but it also creates difficulty in detecting sexual discrimination. This article examines the unique decision-making process used in higher education, including the need to use subjective criteria, and analyzes court and Equal Employment Opportunity Commission decisions in this area. The article concludes by offering guidelines for ensuring that both the rights of faculty and the needs of institution are protected during the decision-making process.
Keywords: Faculty employment, Title VII, discrimination and sexual harassment, Equal Employment Opportunity
Suggested Citation: Suggested Citation
Biernat, Len, Subjective Criteria in Faculty Employment Decisions Under Title VII: A Camouflage for Discrimination and Sexual Harassment (January 1, 1986). University of California at Davis Law Review, Vol. 20, p. 501, 1986-1987. Available at SSRN: https://ssrn.com/abstract=1928238