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Proving Qualification In A University Setting: Mcdonnell Douglas And The Tenure Cases, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman, Kathryn A. Wikman

Fordham Urban Law Journal

The scenario is frequently the same: a minority candidate who holds a probationary faculty position at a college or university is denied tenure. Though the institution claims that the denial was based on the candidate's deficiency in one of three important areas, he suspects that, in reality, the denial was based on his minority status. The unsuccessful candidate's recourse, after exhausting internal grievance procedures, is to sue under Title VII of the Civil Rights Act of 1964. In 1973, the Supreme Court in McDonnell Douglas v. Green described for the first time a method of analysis to be utilized in …