94.1 California colleges can be liable for sexual harassment, 164

94.2 Title VII requires "reasonable accommodation" of religion, 169

94.5 The harassment policy is invalid, but the coach stays fired, 176

94.9 Enrollment based compensation does not violate Title VII, 178

94.26 Age discrimination and reductions-in-force [restructuring and re-engineering], 205

94.39 Distinguishing bad treatment from discrimination, 222

94.58 Disability-related inquiries under the ADA, 254

94.63 Dismissed professor awarded $500,000 [wrongful dismissal for alleged sexual assault;inadequate due process], 262

94.67 Professor reinstated in sexual harassment case [Silva v. University of New Hampshire; WilliamKaplin on academic freedom and "hostile environment" sexual harassment; sexual innuendo andprofessional competency; Nadine Strossen on feminism and the First Amendment], 271

94.69 Silva v. University of New Hampshire [case excerpt; AAUP statement on academic freedom;Silva case compared with isolated incident of bad judgment], 275

94.74 The future is arriving . . . ahead of schedule [resistance to increasing tuition; decline inhousehold income; attraction of new technology; qualities of character and good social skills asimportant as academic knowledge], 281

94.78 Preparing our students for the workplace of the future [training students to collaborate in anatmosphere of trust; Alvin Toffler and Charles Handy say organizations will be smaller; review ofthe West Point Way of Leadership], 287

94.80 Ban on sexually oriented magazines unconstitutional [Excerpt: Captain Steven W. Johnson v.County of Los Angeles Fire Department; Title VII does not call for punishment of bad thoughts;danger of group stereotypes], 293

94.85 Supreme Court vacates Jeffries ruling, 300

94.90 Notice of disciplinary action [requirements for proper notice], 309

94.92 Silva case settled, 311

95.4 Balancing rights and obligations [physician with AIDS may be required to show he does not posea threat of infecting others in the workplace], 319

95.6 Employee dismissal and after-acquired evidence of wrongdoing [after-acquired evidence ofwrong-doing not a complete bar to recovery under Age Discrimination in Employment Act; strictenforcement of anti-discrimination law], 322

95.9 Retaliation and letters of reference [Former employees may file EEOC retaliation complaints;ways to avoid defamation in letters of reference], 327

95.11 Public access to e-mail [e-mail and open-meetings laws; limits on erasing e-mail; e-mail recordsfrequently sought in employment disputes; "academic freedom" not a defense to disclosure],330.

95.15 Memos can override manuals, 339.

95.20 Jeffries case reversed, 349.

95.26 No punishment for "offensive personality" [defining ethical standards with reasonable precision;hostile environment sexual harassment requires a pattern of misconduct], 359.

95.45 Business may save affirmative action [more businesses setting hiring goals, given growinghousehold income of African-Americans--which in 130 cities and counties surpasses that ofwhites], 384.

95.52 Three recent sexual harassment cases [employer excused from liability for sexual harassmentby an employee if the victim of the harassment had reasonable grounds to believe the employer's non-discrimination policy prohibited the harassment], 391.

95.53 Challenging the ADA [a growing effort to modify the Act, mainly by applying a cost-benefitanalysis to pertinent regulations, and by narrowing the definition of protected disabilities], 394.

95.55 An inference against discrimination [absence of sex discrimination can be inferred if the sameperson who hired an employee also terminated the employee; value of vesting greater authorityat lower levels of administration], 399.

95.62 The benefits of confidentiality [constitutional right of privacy may create a qualified privilegeprotecting the confidentiality of discussions between university employees and a campusombudsperson; careful wording necessary when assurances of confidentiality are given], 414.

95.64 Personal accountability and the ADA; three Section 504/ADA cases hold that employees whoengage in illegal or dangerous behavior can be fired or demoted, even if there is a causalconnection between their behavior and a disability; a contrary holding in Teahan v. Metro- NorthCommuter R.R.; Karl Menninger on the need to reassert personal responsibility; the SeventhCircuit in Anderson v. University of Wisconsin held that the University did not violate theRehabilitation Act when it refused to readmit an alcoholic student with a poor grade pointaverage who had "harassed and threatened his legal writing partner," 417.

96.1 Ideas and trends: 1996 [defining the objective of re-engineering: serving the customer is thegoal; employers seek "emotional intelligence," while students become "virtually educated"], 435.

96.2 Homosexual marriage and the "right of intimate association" [employer could not discriminateagainst lesbian couple on the ground of their relationship without showing that the action was"narrowly tailored to serve a compelling governmental interest"; Economist editorial supportinghomosexual marriage], 438.

96.34 Sexual harassment by teachers and peers [in Cohen v. San Bernardino Valley College, the U.S.Court of Appeals for the Ninth Circuit held that a tenured professor who used a sexuallyprovocative teaching style was subject to an unlawful "legalistic ambush" when the collegesought to discipline him for sexual harassment; a federal district court in Rubin v. Ikenberry, et.al. upheld a decision at the University of Illinois to discipline a tenured professor for repeatedsexual comments, inquiries, and jokes, in and out of class; the Office of Civil Rights (OCR) ofthe U.S. Department of Education issued a "Dear Colleague" letter, stating that schools andcolleges may be liable under Title IX of the Education Amendments of 1972 for peer harassmentthat creates a hostile environment; Economist on dangers of over-regulation, 517.

96.40 Three cases on freedom of expression [public employee speech rights; "incitement to imminentlawless action"; restrictions on "harmful" adult materials; original Lovell case decision withdrawnby the Ninth Circuit], 535.

96.45 Freedom of expression and religious liberty [ban on expression of all religious views in theworkplace likely to be unconstitutional. Example of a case where a court upheld an employer'sdecision to restrict employee free speech rights is Burnham v. Ianni (court determined thatUniversity of Minnesota at Duluth Chancellor lawfully removed photographs of two professorsfrom a campus exhibit)], 544.

97.3 Privacy and due process: public statements about students and employees [students andemployees at public institutions have constitutional claims that can be made against governmentofficials who allegedly make damaging or demeaning public comments about them], 566.

97.5 Liability for misrepresentation in letters of reference [California Supreme Court held thatevaluators who provide only glowing statements about an individual they know or have reason toknow would be a danger to others may be liable for "affirmative misrepresentation"], 572.

97.7 Recent cases on the ADA and sexual harassment liability [courts reluctant to expand the ADAinto areas never contemplated by Congress; scope of supervisory liability for sexual harassmentor other violations of federal law limited], 574.

97.16 Defining the scope of religious freedom, [employees or students serving on campus governancecommittees may be dismissed from committee assignments for making statements contradictingthe mission of the committee, even if those statements are based on sincerely held religiousbeliefs], 595.

97.20 Campus crime, privacy, and video surveillance [students and employees subject to videosurveillance may not have a "reasonable expectation of privacy" in public places and workareas], 607.

97.27 Psychiatric disabilities in the workplace, [excerpts from the EEOC "Enforcement Guidance"],623.

97.28 Psychiatric disabilities in the workplace, part II [primary aim of the ADA is to challengestereotypes; people with disabilities are not exempt from reasonable conduct standards; views ofpsychiatrist Kay Redfield Jamison on manic depression and creativity, 626].

97.32 Limiting the pursuit of "perfect justice," [opportunity to be heard may be provided after initialdeprivation; legal representation not required for academic dismissals; distinguishing disciplinaryaction from academic judgments], 635.

97.33 The ADA does not protect threats of violence, [U.S. Court of Appeals for the Seventh Circuit heldin Marquita Palmer v. Circuit Court of Cook County that "it did not present an issue" under theADA for an employer to fire an employee for "unacceptable behavior," even if "that behavior was precipitated by a mental illness"], 638.

97.37 Title IX, off-campus assaults, and "hostile environment" theory, [University of Missouri DentalSchool was not responsible for an assault against a student by a clinical instructor, when theassault occurred at the instructor's independent, private dental office; "hostile environment"sexual harassment is not defined by the subjective reactions of alleged victims; the harassmenthas to be "severe or pervasive," from the standpoint of a "reasonable person"; allegedharassment perpetrators have rights too: Decision by a jury in Milwaukee to award $18 million inpunitive damages to a corporate executive fired for "joking" with a female co-worker about asexually provocative theme.], 644.

97.41 Accommodating religion in the workplace [America in the midst of a religious revival; new federalguidelines for religious expression in the federal workplace: some proselytizing may be allowed;"hostile environment" theory may be used by the religious right; Alan Wolfe: "I crave religiousstudents"], 651.

98.9 The decline of academic freedom [U.S. Court of Appeals for the Fourth Circuit held in Boring v.Buncombe County Board of Education that a teacher's selection and production of a play as partof the school's curriculum was not protected speech under the First Amendment], 707.

98.10 Isolated incidents or hostile environment? [Taylor v. Metzger: New Jersey Supreme Courtdecision holding that a demeaning racial epithet directed to a subordinate by a high-rankingpublic official can create a hostile work environment; Skouby v. The Prudential InsuranceCompany of America: 7th Circuit decision holding that crude pictures and occasional offensivelanguage directed to a female employee by fellow employees did not constitute sexualharassment; public mood of forgiveness for "sexual misconduct" reflected in views of GloriaSteinem on the sexual harassment charges against President Clinton], 710.

98.27 Defining the law of sexual harassment [In Gebser et. al. v. Largo Vista Independent SchoolDistrict the Supreme Court held that a school would not be liable for sexual harassment of astudent by a teacher, unless school officials had "actual notice of, and [were] deliberatelyindifferent to, the teacher's misconduct"], 744.

98.28 Sexual harassment in the workplace [In Burlington Industries v. Ellerth and Faragher v. City ofBoca Raton the Supreme Court held that employers will be liable for the tangible, discriminatoryemployment actions of supervisors. However, in cases where a discriminatory "hostileenvironment" is created by a supervisor--but no tangible employment action is taken against aplaintiff employee--employers may escape liability by proving that they used "reasonable care toprevent and correct promptly any sexually harassing behavior" and that "the plaintiff employeeunreasonably failed to take advantage of any preventive or corrective opportunities provided bythe employer or to avoid harm otherwise"], 747.

98.36 Weighing "emotional intelligence" in tenure and promotion decisions, part I [Maryland Court of SpecialAppeals held in University of Baltimore v. Peri Iz held that collegiality may be considered whenfaculty members are considered for promotion and tenure, even if a specific reference tocollegiality is not made in pertinent contracts or policies], 764.

98.37 Weighing "emotional intelligence" in tenure and promotion decisions, part II [Estelle Fishbeininterview; recent Harvard Magazine article on emotional intelligence; Boyer Commission:expanding faculty role as mentors; Terry Roach on "Does Beethoven Get Tenure?"], 768.

99.4 Sexual harassment: Law and policy issues in 1999 [William Kaplin's analysis of two cases recently decided by or pending before the U.S. Supreme Court: Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education; impact of Jones v. Clinton ], 815.

99.5 The unpredictable fortunes of academic freedom [in Urofsky v. Gilmore the U.S. Court of Appeals for the Fourth Circuit upheld a Virginia law restricting state employees from using state computers to access sexually explicit material; in Hoover v. Morales the U.S. Court of Appeals for the Fifth Circuit affirmed the rights of faculty members at public institutions to serve as expert witnesses in litigation against the state. Analysis by Diana Krejsa], 818.

99.18 Defining hostile environment sexual harassment [in Minor v. Ivy Tech State College the U.S. Court of Appeals for the Seventh Circuit held that a hostile environment must be "extreme" to be actionable; boorish behavior distinguished from sexual harassment; related holding in Jones v. Clinton], 851.

99.29 Are subjective job interviews legal? [courts will not assume that subjective questions asked during job interviews are likely to disguise discrimination], 879.

99.33 A case study on academic freedom [selection of curriculum materials; final authority over grades; student academic freedom; faculty classroom conduct; student evaluations], 887.

99.34 Racial harassment and freedom of expression [In Aguilar v. Avis Rental Car Systems, the California Supreme Court ruled that the First Amendment does not prohibit courts from enjoining the continued use of racial epithets in the workplace, if there has been a judicial determination "that the use of such epithets will contribute to the continuation of a hostile or abusive work environment and therefore will constitute employment discrimination"], 890.

99.38 Can a "narrowly tailored" diversity plan be devised? [In Tuttle v. Arlington County School Board the U.S. Court of Appeals for the Fourth Circuit declined to rule that non-remedial plans designed to achieve racial diversity in the schools can never reflect a "compelling state interest." The court held, however, that the "diversity" plan at issue (which may be similar to admissions policies now in place at many colleges) was not "narrowly tailored" to achieve the state's stated goal; related ruling by the U.S. Court of Appeals for the Seventh Circuit in Hill v. Ross holding that a university affirmative action hiring plan was based on "statistical nonsense"], 898.

00.1 More litigation . . .with no end in sight, part I [ Legalistic life taking root in America; Jerold Auerbach on Darwinism and the law; discovering truth is not the objective of the law; growing tension and incivility in legal practice; Lincoln on lawyering], 930.

00.2 More litigation . . . with no end in sight, part II [Reducing liability risks through good management; commentary on risk management by Tom Hustoles], 932.

00.3 What "duties" should colleges assume? [Holding in Bradshaw v. Rawlings contrasted with Coghlan v. Beta Theta Pi Fraternity (knowledge by university employees that underage students were being served alcohol leads to duty of care)], 935.

00.14 The duty of care and off-campus internships [In Nova Southeastern University v. Bethany Jill Gross the Supreme Court of Florida held that a university may be liable for the injuries suffered by a student assigned to a dangerous off-campus internship; Nova applied concepts articulated in prior cases; suggestions for reducing the risk of liability in off-campus internships; analysis of student-university relationship], 967.

00.25 Employer liability for online harassment and defamation [In Tammy S. Blakey v. Continental Airlines, the New Jersey Supreme Court held that an employer who knows about a pattern of retaliatory harassment in a work-related online forum may be liable for taking effective measures to stop it], 999.

00.28 Students and professors behaving badly, online [Pennsylvania court upholds expulsion of student who used a website to convey threatening content; Indiana court barred a university professor from creating websites designed to give the appearance of belonging to university officials; limited impact of website disclaimers], 1008.