University of San Diego School of Business- Professor Richard E. Custin- ETLW 302- This course examines principles of social responsibility, ethics, law, and stakeholder theory.
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Thursday, August 9, 2012
Group 3: Chapter 8 #6 (Kristen Lanzavecchia)
The case discusses Morgan, an untenured faculty
member at Ivy University. In February 1995, he was informed that he would not
be offered a tenure position and was offered a one-year terminal contract with
the university. He appealed to the tenure committee for reconsideration, but he
was again denied tenure and offered a one-year contract, which would expire on
June 30, 1997. On June 1, 1997, he filed charges with the EEOC alleging race
and sex discrimination (Title VII) in denying him tenure. Title VII requires
that a complaint be filed to the EEOC within 180 days, or 300 days under
certain circumstances, after the alleged unlawful employment practice occurred.
The issue here is when exactly the unlawful practice occurred. He filed his
charges more than 180 days after he was notified of the denial of tenure, but
before the actual termination date. In the case of Delaware State College v
Ricks, it was originally decided that the limitation period for the claims
began when the Board officially notified him that he would be offered a one-year
terminal contract. However, the Court of Appeals reversed the decision, holding
that the limitation period for the claims did not being until the terminal
contract expired. Therefore, we believe that Morgan was within the limitation
period for filing a complaint to the EEOC. He is challenging not only the
denial of tenure, but also his termination, which occurred on June 30, 1997.
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Just as Group 3 and the Court of Appeals believe that Morgan was within the limitation, I also agree with the previous conclusion. Although the university denied Morgan tenure and a one-year terminal contract, no unlawful employment practice had occurred thus far. If the university had a change of mind during the school year and had amended the contract with a tenure provision, there would be no future discrimination. Only upon the date of termination would Morgan be able to make a case that the university had committed sex and race discriminatory practices. At anytime after June 30, 1997, Morgan would be eligible to file a complaint to the EEOC within the 180 or 300 day statute of limitations.
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