Employment Law in Higher Education: Title IX, Professor/Student Interactions, Tenure, Application of Labor Laws

Higher education institutions present a mountain of situations that call for the involvement of employment lawyers, ranging from exposure to professor/student harassment claims to issues concerning the labor status of students, including student-athletes. Because federal and state law govern rights in this milieu, practitioners must be conversant and current in each.

An employment lawyer cannot rely on knowledge of "regular" employment law principles when advising higher education clients. Although Title VII certainly applies to colleges and universities, Title IX plays a more significant role by prohibiting sex discrimination in education, covering all staff and students in any educational institution or program that receives federal funds.

The labor and employment relationship in higher education differs from other workplaces. For example, a tenure decision is essentially a decision to promote an employee to a higher level. However, granting tenure creates more complications than a typical employee promotion. Rather than one manager in charge of the "promotion" by tenure, votes among the faculty play a role. Further, unionization of faculty, instructors, and even student groups adds complexity.

Listen as this panel, deeply versed in both the labor and employment issues at colleges and universities, provides the guidance necessary to practice in this area.