THE ROLE OF THE CIVIL RIGHTS ACT OF 1991 AND COLLECTIVE BARGAINING IN MAINTAINING GENDER DISCRIMINATION IN PUBLIC HIGHER EDUCATION

BERNANDETTE MARCZELY

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DOI: 10.2190/J4E7-91E2-MW5M-2UAV

Abstract

The Civil Rights Act of 1991 is an example of how practical application can often elude legislative intent. The 1991 act, touted as the law designed to expand the scope of Title VII liability, at the same time has limited the kind of relief available to victims of gender discrimination. It has also prescribed a protracted format for processing discrimination claims that makes the collectively bargained agreement a party to the law's own chilling effect on a victim's willingness to pursue claims to the full extent of the law. This study analyzes the law's actual impact on women seeking promotion and tenure in public universities. Statistics show that university women still lag significantly behind their male counterparts in rank, tenure, and salary. The question addressed is why intelligent, motivated university women continue to languish professionally despite the seeming protections of law and contract. The answer offered applies to all segments of employment that continue to be plagued by gender discrimination.

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