The case of tenure and promotion: an examination of Title VII and minoritized faculty representation

This quantitative study examines all discrimination lawsuits filed against institutions of higher education by faculty in the United States involving tenure and promotion throughout 1977–2022. Using institutional faculty gender and race data, we examine the association between Title VII tenure and promotion lawsuits and representation of minoritized faculty in academia. We find an association between institutions involved with a discrimination lawsuit and greater disparities for women and intersectional minoritized faculty. The results underscore that while gender remains an important variable for understanding the minoritized experiences of faculty in higher education, the perception of fairness is further skewed for individuals with an intersection of gender and race to their person. This study contributes to research examining tenure and promotion denial lawsuits to better understand the barriers of career progression for minoritized faculty in academia.