ERIC Number: ED426494
Record Type: Non-Journal
Publication Date: 1998-Nov
Reference Count: N/A
Sexual Harassment Law after the 1997-98 U.S. Supreme Court Term. [School Boards Liability].
Shaw, Brian C.; Hyde, W. Brent
Inquiry & Analysis, p1-5 Nov 1998
During its 1997-98 term, the U.S. Supreme Court decided four major sexual harassment cases. This article summarizes those cases' impact on the analytical framework governing school boards' liability of sexual harassment. The text opens with the issue of sexual harassment of employees by supervisors and two cases that established new standards governing an employer's liability under Title VII for sexual harassment of an employee perpetrated by a supervisor. Some cases that have drawn on these two decisions are discussed. Some of the other types of harassment that were addressed by the Court included sexual harassment of employees by coworkers, same-sex harassment under Title VII, sexual harassment of students by school employees, and sexual harassment of students by students. Cases that have applied the standards established by the Court are described. Numerous practical suggestions that schools should follow to decrease legal liability for sexual harassment include ensuring that the sexual harassment policy is distributed to all employees, that the policy clearly designates the officials to whom complaints should be made, that the policy allows an employee to bypass the alleged harasser in filing a complaint, and that the policy should strongly prohibit retaliation against complainants. (RJM)
Descriptors: Civil Liberties, Compliance (Legal), Court Litigation, Elementary Secondary Education, Higher Education, Legal Responsibility, Sexual Harassment
NSBA Council of School Attorneys, 1680 Duke Street, Alexandria, VA 22314 (by subscription: $80 for 6 bimonthly issues).
Publication Type: Journal Articles; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National School Boards Association, Alexandria, VA. Council of School Attorneys.