ABSTRACT
The employment relationship between the university and the faculty member is defined primarily by the strictures of: (a) constitutional law, (b) statutory law and the common law of contract. The state university as a public employer is constrained by provisions of both the federal and state constitutions, with the First and Fourteenth Amendments of the U.S. Constitution being the sources of constitutional law most commonly invoked by the employee. Among the statutes on which employee versus employer legal contests are usually based are Title VI and Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972. Common law contract is the third source of law that is the basis for lawsuits wherein employees seek to challenge university employment actions in both public and private universities. Litigation brought under Title VII and Title IX and contract law are referenced elsewhere in this text.
