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View: Title Vii of the Civil Rights Act of 1964 Florida State University Libraries 2015 The University as an Employer: A Study of the Application of Title VII to the Modern American Institution of Higher Education Marilyn S. Anglade Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] FLORIDA STATE UNIVERSITY COLLEGE OF EDUCATION THE UNIVERSITY AS AN EMPLOYER: A STUDY OF THE APPLICATION OF TITLE VII TO THE MODERN AMERICAN INSTITUTION OF HIGHER EDUCATION By MARILYN S. ANGLADE A Dissertation submitted to the Department of Educational Leadership and Policy Studies in partial fulfillment of the requirements for the degree of Doctor of Philosophy 2015 © 2015 Marilyn S. Anglade Marilyn S. Anglade defended this dissertation on November 9, 2015. The members of the supervisory committee were: David Tandberg Professor Directing Dissertation Lee Stepina University Representative Robert Schwartz Committee Member Marytza Gawlik Committee Member Franita Tolson Committee Member The Graduate School has verified and approved the above-named committee members, and certifies that the dissertation has been approved in accordance with university requirements. ii Dedicated to my loved ones who helped make this dissertation happen: Mom, Dad, Enyo, Altagracia, Dafney, and all of my family and friends who supported me throughout this process. iii ACKNOWLEDGEMENTS I would like to express my gratitude to those who have helped me and encouraged me throughout my program of study and my dissertation process here at Florida State University. I am grateful to the faculty of the Education Leadership and Policy Studies department whose dedication to their field and their encouragement of my specific legal interests resulted in my obtaining a rich and well-rounded education throughout this program. Specifically, I would like to thank Dr. Joseph Beckham for providing me with a great foundation prior to his departure at the beginning of my studies. Further, I would like to thank Dr. David Tandberg for his continued efforts in supervising my program of study. I would also like to thank the rest of my committee members: Dr. Robert Schwartz, Dr. Tamara Bertrand-Jones, Dr. Marytza Gawlik who provided a last-minute save, Dr. Lee Stepina, and particularly my outside member, Professor Franita Tolson, whose encouragement was invaluable. As a student with a background in the law, entering into the world of higher education was distinctly new territory and I would like to thank those students in my cohort as well as those around me who contributed to my overall education in this field of study. Finally, I would like to thank all of my family and friends, particularly my parents for their unflagging love and support, and my friends: Enyo, Altagracia, and Dafney, who were there throughout all of my ups and downs and who saw me through to the end of my studies. Thank you all for your constant support, love, and prayers throughout this process. iv TABLE OF CONTENTS ABSTRACT ....................................................................................................................................................... vii 1. INTRODUCTION ....................................................................................................................................... 1 Purpose ........................................................................................................................................................ 4 Significance ................................................................................................................................................ 4 Operational Definitions ........................................................................................................................... 6 Limitations .................................................................................................................................................. 8 Summary ..................................................................................................................................................... 9 2. LITERATURE REVIEW: TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 .............................. 11 The Road to the Civil Rights Act of 1964: The Evolution of Anti-Discrimination in Employment Policy ................................................................................................................................. 11 Civil Rights in the mid-1800s through Reconstruction ............................................................. 12 Civil Rights in the early to mid-1900s ........................................................................................... 15 Fair Employment Practice Statutes: 1930s-1963 ......................................................................... 17 The Civil Rights Act of 1964 ................................................................................................................. 22 Passing the Act .................................................................................................................................. 23 Legislative History of Title VII ........................................................................................................ 25 Selected Provisions of Title VII ....................................................................................................... 28 Title VII: What Happened After the Passing of the Civil Rights Act of 1964? ........................... 32 What Came After: 1965-1981 .......................................................................................................... 33 What Came After: 1982-1990 .......................................................................................................... 59 What Came After: 1991-2002 .......................................................................................................... 67 What Came After: 2003 – present .................................................................................................. 77 Conclusion ........................................................................................................................................... 80 Putting It All Together: Framing the Research Question .......................................................... 81 3. LITERATURE REVIEW: HIGHER EDUCATION IN AMERICA ..................................................... 84 The Evolving Role of Higher Education in America ......................................................................... 85 The Beginnings of American Higher Education ........................................................................... 85 Higher Education from 1776 through 1860 ................................................................................. 89 Higher Education from 1860 through 1920 ................................................................................. 94 Higher Education from 1920 to the present .............................................................................. 104 The University as an Employer ..................................................................................................... 129 Putting It All Together: Framing the Research Question ............................................................ 144 4. METHODOLOGY & PROCEDURES .................................................................................................... 146 Legal Analysis ........................................................................................................................................ 146 Legal Reasoning ..................................................................................................................................... 150 Legal Research ....................................................................................................................................... 152 Methodology ........................................................................................................................................... 154 5. TITLE VII IN HIGHER EDUCATION.................................................................................................. 159 The Appellate Courts and the Standard of Review ....................................................................... 160 Title VII Cases with Faculty Plaintiffs ............................................................................................... 164 Denial of Tenure Based on Race .................................................................................................. 164 Denial of Tenure Based on Gender ............................................................................................. 182 Failure to Promote and/or Termination (Non-Renewal) Based on Gender ......................... 193 Termination Based on Race and/or Gender .............................................................................. 199 Failure to Hire Based on Race and/or Gender........................................................................... 201 “Other” Decisions Based on Race and/or Gender .................................................................... 204 v Academic Deference ............................................................................................................................. 208 Title VII Cases with Non-Faculty Plaintiffs ...................................................................................... 218 Failure to Promote Based on Race or Gender ............................................................................ 218 Failure to Hire Based on
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