EMPLOYMENT LAW AND EDUCATION IN THE U.S. - RECENT TRENDS

The passage of various employment discrimination statutes iln the United States beginning in the 1960's had a great impact on traditional academe. These laws affected speech, academic freedom, hiring, promotion, discipline and discharge, tenure, and many other ways in which acadmic entitites operate. Technology has also had its effect on teaching and employment. Facebook, Twitter, camera phones, and other technological innovations have impacted the teaching profession greatly. Last year, for example, saw a high school teacher lose her job because a photo of her with a glass of wine on her European vacation was posted on her Facebook site and viewed by complaining parents. A professor at a state university was arrested and charged with battery for closing a laptop cover on the hands of a student who allegedly was engaged in appropriate classroom use of the laptop and would not close the laptop when asked. A business ethics professor was suspended for using strippers and lap dancing to illustrate classroom principles. Each year new instances arise that illustrate the ongoing attempt to balance various considerations in education. This past year a number of judicial cases have been decided in a variety of legal areas that impact the teaching profession and academic institutions within the United States. This paper constitutes a review of recent trends in employment law and education in the United States.