The dissent's fear that the Davis case will open floodgates of litigation
against schools ignores the fact that MOST circuits recognized peer sexual
harassment long before the Davis decision. The 5th and 11th Circuits down south
were the odd balls in NOT recognizing peer sexual harassment as actionable.
Further, those other circuits (before Gebser) applied the same liability
standards to schools that the EEOC applies to employers under Title VII.
Despite those easier standards, the floodgates did not pour open. Now, after
Gebser and Davis, suing schools for kids in most parts of the nation is actually
far MORE difficult than it was before these decisions, while kids down south now
can sue when they could not before.
Kristen Galles, Equity Legal, kgalles @erols.com
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