The Chronicle of Higher Education, March 17, 2010 by Mary Ann Mason
http://chronicle.com/article/Women-Tenurethe-Law/64646/
Since the 90s, a plaintiff has had to prove not only that the tenure judgment against her was untrue, but also that the real reason for the denial was sex discrimination. If discrimination can’t be proved, even if the department is found to be intentionally lying about substandard work, other reasons for the denial, such as a faculty member’s lack of collegiality, can be upheld.