The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
4.500 McDonnell Douglas prima facie case
4.530 Prima facie cases listed by most common case types
4.532 Promotion, demotion and transfer prima facie case
4.532.30 Denial of tenure prima facie case
Krystek v. University of Southern Mississippi, 164
F.3d 251, 257 (5th Cir. 1999), the court explained:
Tanik v. Southern Methodist University, 116
F.3d 775 (5th Cir. 1997), we recently set forth the necessary elements for
establishing that a denial of tenure amounts to discrimination. "The
plaintiff must show that: (1) he belongs to a protected group, (2) he was
qualified for tenure, and (3) he was denied tenure in circumstances
permitting an inference of discrimination." Id. at 775.
Tanik, the court further noted:
Other circuits have recognized that tenure
decisions in colleges and universities involve considerations that set them
apart from other kinds of employment decisions. Those factors are: (1)
tenure contracts require unusual commitments as to time and collegial
relationships, (2) academic tenure decisions are often non-competitive, (3)
tenure decisions are usually highly decentralized, (4) the number of factors
considered in tenure decisions is quite extensive, and (5) tenure decisions
are a source of unusually great disagreement.
Tenure decisions are not, however, exempt
from judicial scrutiny under Title VII. To prove a prima facie case, a
plaintiff may be able to show "departures from procedural regularity",
"conventional evidence of bias on the part of individuals involved", or that
the plaintiff is found to be qualified for tenure by "some significant
portion of the departmental faculty, referrants or other scholars in the
Tanik, 116 F.3d at 776 (footnotes omitted).