Word: eeoc
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Dates: during 1990-1990
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...addition to being remote and attenuated, the injury to academic freedom claimed by the petitioner is also speculative. As the EEOC points out, confidentiality is not the norm in all peer review systems... Moreover, some disclosure of peer evaluations would take place even if petitioner's `special necessity' tests were adopted. Thus, the `chilling effect' petitioner fears is at most only incrementally worsened by the absence of a privilege. Finally, we are not so ready as petitioner seems to be to assume the worst about those in the academic community. Although it is possible that some evaluators may become less...
...Tung case, the university insisted that releasing the materials would encroach on academic freedom and undermine the confidentiality that is the backbone of the tenure system. The court dismissed that argument and gave the EEOC broad power to obtain tenure documents. Wrote Justice Harry Blackmun: "The costs associated with racial and sexual discrimination in institutions of higher learning are very substantial . . . Ferreting out this kind of invidious discrimination is a great if not compelling governmental interest...