Case Summary: Gebser v. Lago Vista Ind. School Dist.
524 U.S. 274 (1998)
In Gebser v. Lago Vista Independent School District, the Supreme Court held that students who are victims of sexual harassment must meet a higher standard of proof to recover damages than employees who are victims of sexual harassment in the workplace. In this case, the Court held that students suing under Title IX (which prohibits gender discrimination in federally funded education programs) must meet the extraordinary burden of establishing that the school had "actual notice" and was "deliberately indifferent" to the harassment. In contrast, under Title VII (which prohibits race, national origin, religious and gender discrimination in employment), the standard is whether the defendant employer takes "reasonable care to prevent and correct promptly any harassment."
Gebser imposed a standard that is unprecedented in civil rights law, and means that students, including minors, have less protection than school employees against harassment. The Gebser standard also creates incentives for schools to insulate themselves from knowledge of harassment, since they will not be liable for damages if they do not have actual knowledge.
Gebser to limit liability for damages for harassment based on race, color, and national origin. Thus, Gebser makes it virtually impossible for victims of harassment who sue under Title IX, Title VI, or other related statutes, to obtain damages, a critical remedy for individuals harmed by harassment.
