Sexual Harassment, Same-Sex

Sexual harassment is unwanted conduct of a sexual nature that is prohibited both by Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972. While Title VII applies to sexual harassment complaints involving employees, Title IX protects students from inappropriate behavior. The original purpose of sexual harassment legislation was to prohibit employers from hiring and promoting employees on the basis of their gender and from making sexual favors a condition of employment. Early sexual harassment litigation focused on male and female interaction in work and educational settings.

Unfortunately, there are numerous incidents of harassing behavior of students, faculty members, and staff at colleges and universities based on their sexual orientations. Lesbian, gay, bisexual, and transgendered students are more likely to be harassed than their heterosexual counterparts. This harassment comes primarily from their peers; however, incidents of reported sexual harassment by same-sex students are rare. The relatively small number of reported incidents may be a result of the fact that threats of violence often do not materialize after peers threaten or harass student victims.

As reflected by the litigation discussed below, same-sex sexual harassment is less common among college or university employees than among employees in other areas. A U.S. Supreme Court ruling specifically on same-sex harassment, together with various decisions from lower courts, has established that Title VII's prohibition of sexual harassment includes cases where the perpetrator and victim are of the same sex. This entry reviews these cases and also examines issues relating to enforcement and institutional liability for sexual harassment.