The explosion of sexual harassment legal cases and the increased public debate of the issues have brought us to this point in the 1990s where the courts--including the United States Supreme Court--have officially confirmed that sexual harassment is a form of illegal sex discrimination. And, American public opinion has finally reached a consensus that sexual harassment is morally wrong and unacceptable.

The court rulings banning harassment in the workplace have encouraged victims to speak up in other contexts. In the school setting, courts have decided that students who are sexually abused by teachers have the right to sue their school districts for damages. School districts are scrambling to adopt policies geared to protecting students and staff from unlawful mistreatment. It is critical for school employees to evaluate these policies and to learn their legal rights.

This booklet offers some brief tips on how to navigate the area of sexual harassment. We present a brief overview of the law of sexual harassment and various remedies available through the legal system. We additionally offer advice on how to prevent sexual harassment from occurring in the workplace. However, because sexual harassment is not easily prevented, we also cover how employees should respond when they and their coworkers are victims. It is hoped that this booklet will assist school employees as they assess their rights and duties in their many roles confronting sexual harassment in the school context.

This booklet was initially written and published by the Oregon Education Association. Special thanks are extended to Lynne Siegal, OEA General Counsel, for preparing the booklet and to the OEA for permitting its revision by the WEA.

Marva Match, Legal Intern, revised and expended the booklet to include Washington law. Kathy O'Toole, WEA General Counsel, reviewed and added further revisions to the booklet.

Summer 1995

Created: 1/98