Federal law protects the right of all persons to enjoy equal employment free from discrimination on the basis of various characteristics. Title VII is not limited to economic or tangible discrimination. One non-economic form of discrimination is sexual harassment. Sexual harassment is a historic mode of discrimination against women, but its victims may be male or female, heterosexual or homosexual, depending on the distribution of power in the workplace and the status of victims and perpetrators. See also, Meritor Sav.
Harassment can and often does take the form of speech.
Pure speech that is of a sexual or sexist nature in the workplace is actionable only when it is intended to harass the particular person or group against whom it is directed and in fact does create a hostile or abusive work environment. This narrow application of the broad hostile environment standard is crucial to prevent unwarranted incursions upon constitutionally protected speech. It is especially important at a university, which is the quintessential forum for free and open discussion, that a policy to prevent harassment be narrowly drawn and applied. Otherwise, the chill on the free exchange of ideas will be intolerable. Of course, schools should adopt procedures consistent with recognized due process protections.