With the advent of electronic communication, employers are experiencing new challenges in defining their levels of control regarding behaviors in the workplace. As courts render decisions regarding employer responsibility for unlawful discrimination or sexual harassment involving electronic communication, employers (including the University) will need to ensure compliance with the courts expectations.

In December 1989, Tammy S. Blakey became Continental Airlines first female airbus pilot. In 1991, she notified Continental's management that vulgar comments of a sexual nature were directed at her by her male pilot colleagues, and pornographic photographs appeared at a "regular rate" in her cockpit and other work areas. Continental's response was to do nothing. In 1993, Blakey sued Continental for failing to remedy her hostile work environment caused by sexual harassment (Blakey v. Continental Airlines, Inc., D. N. J. 2 F.Supp. 2d 598, April 9, 1998). Blakey prevailed and was eventually awarded $1.6 million by the U. S. District Court for New Jersey.

Following the damage award in the sexual harassment (hostile work environment) complaint, male pilots began to post messages on the electronic bulletin board. Those messages included, "Tammy has problems, not because she is a woman, but because she does not possess the skills to interact with crew members" and "Tammy really does not belong here. Her lawsuit is bogus, the charges patently false, and she is out for the quick buck." Blakey sued continental for failing to protect her from retaliation that is directly related to her filed complaint of sexual harassment.

In Blakey v. Continental Airlines Inc., N.J. 751 A.2d 538, June 1, 2000, Continental argued that they should not be held liable for the alleged harassment (retaliation) because the harassing behavior by employees did not take place within the workplace setting, or at a place under the physical control of the employer. Continental argued that since the alleged retaliation did not take place in the workplace, it could not be held liable.

The New Jersey Supreme Court disagreed. The N.J. Supreme Court said that the electronic bulletin board forum was sufficiently integrated with Continental's operations so as to provide a benefit to the airline. They noted that Continental had notice of the harassing conduct on the electronic bulletin board, and that the conduct complained of was severe or pervasive enough to make a reasonable person believe that conditions of employment were altered, and the working environment hostile. The court said that an employer on notice that its employees are directly retaliatory towards a fellow employee for exercising their legal right of filing, and that a work related forum is used to conduct the retaliation, a duty then exists for the employer to remedy the situation. The court noted that, while an employer does not have to monitor employees' private communications, employers are required to take effective measures to stop unlawful harassment when they know of it.

Lessons learned in this case are directly applicable to the University of Redlands.

The 4th U. S. Circuit Court of Appeals has upheld a precedence setting Virginia Law forbidding all state employees, including University Professors employed in the Virginia state educational system, from accessing sexually explicit material on computers owned or leased by the State of Virginia, except when approved by administrators.

Six professors challenged the law and subsequently prevailed at the District Court level. They argued that, under the law, they could not instruct students to conduct on-line research on indecency law, study the "fleshy school" of Victorian poets, conduct on-line research into gay and lesbian issues, or perform internet research on various aspects of human sexuality. However, the 4th Circuit Court of Appeals reversed the District Court's ruling.

The Appellate court ruled that First Amendment rights for University Professors are "like those of any other State employee in Virginia". The court noted that it is "well settled" that accepting public employment does not deprive an employee of the constitutional right to speak freely in their role as citizens. In citing Connick v. Myers, 461 U. S. 138, 1983), the 4th Circuit ruled that a State employer may regulate speech without violating the protections of the First Amendment.

The 4th Circuit stated that, while the appellees argued that they had an inherent right to access sexually explicit material in the course of their work, "as the appellees acknowledge, the challenged aspect of the law does not affect speech by appellees in their capacity as private citizens. Therefore, it does not infringe on the First Amendment rights of state employees".

In a concurring, yet different opinion, Chief Judge Wilkinson stated, "I fear the court forgets that freedom of speech belongs to all Americans and that the threat to the expression of one sector of society will soon enough become a danger to the liberty of all."

The University of Redlands is not in the State of Virginia and not a state institution. Therefore, University of Redlands faculty and employees are not under the governance of this ruling. However, it will be interesting to observe the deliberations involving Academic Freedom, First Amendment protections, and Title VII law at the U.S. Supreme Court should this case be elevated to that level. Ultimately, should it be heard, a U. S. Supreme Court ruling most likely would be applied in the State of California. Though, in its current form, it would only affect State institutions, Judge Wilkinson's comments could be realized and the laws be applied to private institutions as well.

Beginning with this issue of Inside Redlands, updates about grant and fellowship opportunities will be publicized here.

You are also invited to come to the Academic Affairs Office (Admin 302) at any time and peruse the shelves where we keep the hard copy of this information as well as much more information about grant and fellowship opportunities.

1. Rockefeller Foundation Humanities Fellowships: These fellowships support research on global social and cultural issues relating to diversity, sustainability and civil society. Fellowships for 2001-2002 are offered as residencies at 26 host institutions in North and South America, including academic departments, interdisciplinary programs, museums, research libraries and community cultural centers. Application deadlines vary depending on host institution.

   To find information on the Humanities Fellowships at the Rockefeller Foundation website, go to http://www.rockfound.org/humanities/fellows2001.html.

2. Ford Foundation Fellowships for Minorities: These fellowships are offered for 2001-2002 at the Predoctoral ($24,000 for three years), Dissertation ($24,000 for one year), and Postdoctoral ($35,000 for one year) levels to "increase the presence of underrepresented minorities on the nation's colleges and university faculties, to enhance diversity on campuses, and to address the persisting effects of past discrimination." Eligibility is limited to U.S. citizens or nationals who are Native American, Mexican American/Chicana/Chicano, Alaskan Native, Native Pacific Islander (Polynesian or Micronesian), Black/African American, or Puerto Rican, and who are planning a career in teaching and research. Application deadlines are November 10, 2000 for Predoctoral Fellowships; December 1, 2000 for Dissertation Fellowships, and January 8, 2001 for Postdoctoral Fellowships.

   You can find information on the Ford Foundation Fellowships for Minorities (as well as other opportunities at http://national-academies.org/osep/fo.

3. Haynes Faculty Fellowships: The Haynes Foundation awards 15 faculty fellowships of up to $10,000 for social science faculty members in eligible colleges and universities in Southern California (of which the University of Redlands is one). Brief (2-page) proposals are due December 21 in the Dean's office of your college. A more detailed memo has been sent to social science faculty. Contact Suzette Higgins-Miguel if you did not receive a copy and would like one.

   For more information on the Haynes Foundation Faculty Fellowships, consult their website at http://www.haynesfoundation.org/.

In a quest to bring more faculty and interaction with faculty to residents of the UofR residence halls, I am asking recipients to plrease reply.

The residence halls on campus offer a number of programs to residnets, to help ensure growth outside of the class room. RA's and CA's are responsible for programming in a wide variety of areas, be they multicultural, emotional, physical, etc.. One area is actually faculty interaction and there is a fund to help foster these programs.

Many times, the same faculty and staff are invited to the residence halls repeatedly. This project is a plea to bring "new" individuals to the halls. As well, there has recently been a lot of discussion about bringing even greater focus on academics into the halls.

Finally, a presence of faculty, administrators, and staff will not only benefit residents, but, I believe, will give you a better understanding of hall life and make you more "human" the the residents.

If you agree with me, or are willing to help me in this endeavor, please reply with a list of program interests or ideas that you may have for programs. Some examples follow.

• John Walsh - What Do You Believe?
• Kathie Jenni - The Ethics of Meat
• Amy Wilms - Interviewing Skills
• Kathy Ogren - Smoke Signals, a discussion on Native Americans
• Judy Bowman - Time Management
• Mark Hartley - Diversity of Campaign 2000
• Bill Huntley - Sushi and a trip to LACMA and Little Tokyo
• Lawry Finsen - Discussion of the film "Life is Beautiful"

Thank you so much!
Paul Dun, Resident Director, Anderson Hall
Coordinator of Residence Life Programs

Human Resources has been keeping you apprised over the last several weeks regarding the status of UnitedHealthcare and the endeavors that the University has been undertaking in order to ensure a smooth transition to another medical insurance carrier.

Following an extensive review of proposals from several medical carriers and in consultation with senior administration and University Council, the University has selected a new medical carrier to replace UnitedHealthcare. I am pleased to announce that effective December 1, 2000, Blue Shield of California will be our new medical insurance carrier.

Blue Shield is a private, not-for-profit insurance company that was founded in 1939 by a group of 60 physicians. Blue Shield has received a Weiss Safety rating of "A," and as such, is the only "A" rated HMO in the United States. With this rating, Blue Shield has been pronounced the "strongest HMO in the United States." Additionally, Blue Shield is accredited by the National Committee for Quality Assurance (NCQA). Only health plans that have met standards of quality and have undergone an independent review by NCQA are eligible for this accreditation.

Over the last several months, there have been various items in the press regarding difficulties that are being experienced by Blue Cross with hospitals and medical provider groups. While in many states there is a link between Blue Shield and Blue Cross, in California this is not the case. Because of this link, external to California however, when we see or hear the Blue Cross name, many of us also think of Blue Shield and often refer to them as the "Blues". The University has heard concerns that by entering an agreement with Blue Shield that we would be part of Blue Cross. I want to assure you that California Blue Shield and Blue Cross are completely distinct entities from each other. You can be assured that Blue Shield has solid relationships with the hospitals and medical provider groups that they contract with and be confident when you hear the Blue Cross name that it is not Blue Shield of California.

An "election of benefits" will be held for all employees, retirees and COBRA participants currently enrolled in the UnitedHealthcare HMO, POS, or PPO (out-of-area) plans from Monday, November 6th through Monday, November 20th. While the election period runs through November 20th, impacted individuals are encouraged to return their enrollment materials as soon as possible to assist the University in submitting materials to their new medical insurance carrier in a timely manner. If you are currently enrolled in UnitedHealthcare, it is important to remember that the medical insurance plan terminates on November 30th. If you do not enroll in a new medical plan, you will no longer have medical coverage as of December 1st. As mentioned in previous correspondence, I want to reiterate that individuals currently enrolled in Kaiser are not impacted by this action. For participants in this plan, changes can be made at the regularly scheduled open enrollment for July 2001.

"Election" materials will be distributed to employees located at the Redlands campus via inter-office mail. Materials will be sent by overnight mail to the regional centers and to Salzburg. Materials will be sent by regular mail to retirees and COBRA participants. The "election" packet will lay out and explain the options that impacted individuals have as well as provide a schedule for informational meetings and for stopping by Human Resources for assistance in completing forms. Furthermore, I have been advised that there is still some confusion regarding what impact this has on the UnitedHealthcare PPO dental plan. The dental insurance contract that the University has with UnitedHealthcare will remain in full force and effect through the contract period that ends June 30, 2001.

In the interim, the University will continue to actively work to ensure that there is as smooth a transition as possible from UnitedHealthcare to Blue Shield on December 1st. Until then, there will not be an interruption in our contract with UnitedHealthcare or to the services that are provided to employees or their dependents, retirees, or COBRA participants. I want to again state that the action UnitedHealthcare has chosen to take in discontinuing health care services in California and not honoring their year-long contractual obligation to the University, its employees and dependents, retirees and COBRA participants is regrettable. We appreciate your patience and understanding during this time of transition and again apologize for any inconvenience to you and your family. If you have questions, please contact the Human Resources Department at extension 4040.