University of Pennsylvania v. Equal Employment Opportunity Commission

In University of Pennsylvania v. Equal Employment Opportunity Commission (EEOC, 1990), the U.S.

Supreme Court made it clear that university officials do not have a special legal privilege that allows them to refuse to release administratively and judicially requested materials in disputes about tenure. In EEOC, the Court held that university officials were required to release peer review tenure documents to the EEOC. In light of the Court's having rejected the claim of university officials who [Page 512]refused to comply on the basis that the materials were confidential and exempt from disclosure, this entry reviews the background of the case and its analysis and reflects on its implications for faculty members in higher education.