Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998). · Go Syfert
Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998). Cases Citing This Book View Copy Cite
Quick Summary

Title VII prohibits sexual harassment occurring between members of the same sex if the conduct is sufficiently severe or pervasive to create an objectively hostile work environment.

An employee working on an oil platform alleged he was subjected to frequent sexual harassment and physical assault by male co-workers. He filed a claim under Title VII, but the lower courts held that same-sex sexual harassment was not actionable. The Court addresses whether Title VII's prohibition against discrimination because of sex applies when the harasser and the victim are of the same sex. The Court holds that nothing in the statute necessarily bars a claim of discrimination because of sex merely because the plaintiff and defendant are of the same sex. To prevail, the plaintiff must still prove the conduct was sufficiently severe or pervasive to create an objectively hostile work environment.

13,188 citation events (11,491 in the last 25 years) across 179 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
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Cited for
At page 80 Defining sex discrimination under title vii harassment586 citing cases“a general civility code for the american workplace.”125 citing courts quote it · 51 listed here
  • Runnels, No. 6:25-cv-01104 (D. Kan. Feb. 12, 2026).
    (Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual act…)
  • Foster, No. 3:25-cv-01424 (M.D. Penn. Feb. 9, 2026). 3 cites
    (Title VII does not impose a general civility code in the workplace.)
  • Taylor, No. 6:24-cv-01125 (W.D. La. Dec. 22, 2025). 3 cites
    (Title VII … does not set forth ‘a general civility code for the American workplace.’)
  • Elliff, No. 2:25-cv-01146 (D. Ariz. Nov. 20, 2025).
    (Title VII does not 14 prohibit all verbal or physical harassment in the workplace; it is directed only at 15 ‘discriminat[ion] . . . because of . . . sex.’)
  • Cameron, No. 5:25-cv-00016 (N.D. Ala. Nov. 19, 2025).
    (Title VII was never intended to protect employees from all unpleasant and rude conduct in the workplace.)
  • Traphan, Nicole v. Wisconsin Dep't of Health Servs., No. 3:22-cv-00742 (W.D. Wis. July 1, 2025).
    (Title VII protects against discrimination, not ‘personal animosity or juvenile behavior.’)
  • McCann-Cross v. CORAS Wellness & Behavioral Health, No. 1:25-cv-00167 (D. Del. June 24, 2025).
    (A trier of fact might reasonably find such discrimination, for example, if a female victim is harassed in such sex-specific and derogatory terms by another woman as to make it clear that the harasser is motivated by ge…)
  • Sung v. DeJoy, No. 2:22-cv-07682 (E.D.N.Y Sept. 5, 2024).
    (Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at discrimination . . . .)
  • Giles v. San Joaquin Valley Rehab. Hosp., No. 1:21-cv-00732 (E.D. Cal. July 9, 2024).
    (Title VII 2 does not prohibit all verbal or physical harassment in the workplace; it is directed only at 3 discrimination based on sex.)
  • Muldrow v. City of St. Louis, 601 U.S. 346 (2024). 2 cites
    (materially significant disadvantage)
Show 41 more citing cases
  • John Brooks v. City of Pekin, Illinois, No. 23-2140 (7th Cir. Mar. 11, 2024). 2 cites
    (We have never held that workplace harassment … is automati- cally discrimination because of sex merely because the words used have sexual content or connotations.)
  • John Brooks v. City of Pekin, Illinois, 95 F.4th 533 (7th Cir. 2024). 2 cites
    (We have never held that workplace harassment … is automati- cally discrimination because of sex merely because the words used have sexual content or connotations.)
  • Colon-Gonzalez v. Commonwealth of Puerto Rico, No. 3:17-cv-01162 (D.P.R. Feb. 22, 2024). 2 cites
    “[T]he critical issue, Page 28 _______________________________ Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex…”
  • Ashmore v. Ohio Dep't of Transp., No. 3:20-cv-00499 (S.D. Ohio Oct. 18, 2023). 2 cites
    (Any unequal treatment of an employee that would not occur but for the employee's gender may, if sufficiently severe or pervasive under the Harris standard, constitute a hostile environment in violation of Title VII)
  • Salekin v. McDonough, No. 3:21-cv-00107 (M.D. Tenn. Aug. 28, 2023). 2 cites
    (The anti-harassment laws do not serve as “a general civility code for the American workplace[.])
  • Schubin v. aXseum, Inc., No. 1:22-cv-01257 (E.D. Va. Aug. 16, 2023).
    (A trier of fact might reasonably find [sex-based discrimination], if a female victim is harassed in such sex-specific and derogatory terms . . . as to make it clear that the harasser is motivated by a general hostility…)
  • Culley v. West Bolivar Consol. Sch. Dist., No. 4:20-cv-00190 (N.D. Miss. Aug. 4, 2023).
    ([the plaintiff] must always prove that the conduct at issue … actually constituted ‘discrimination because of sex.’)
  • Kerns v. RCS Trucking & Freight, Inc., No. 1:22-cv-01200 (E.D. Va. July 31, 2023).
    (Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual act…)
  • Dougherty v. Leidos, No. 4:21-cv-01163 (E.D. Mo. July 31, 2023). 2 cites
    (The critical issue, Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.)
  • Hill v. Oak Street Health MSO LLC, No. 2:22-cv-10684 (E.D. Mich. June 27, 2023).
    (Title VII is not ‘a general civility code for the American workplace.’)
  • New v. Thermo Fisher Sci., Inc., No. 1:19-cv-00807 (M.D.N.C. Mar. 15, 2022).
    (A trier of fact might reasonably find such discrimination, for example, if a female victim is harassed in such sex-specific and derogatory terms . . . as to make it clear that the harasser is motivated by general hosti…)
  • Erin Tonkyro Sec'y, Dep't of Vets. Affairs, 995 F.3d 828 (11th Cir. 2021).
    “We have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations.”
  • Mendoza v. Borden, Inc., 158 F.3d 1171 (11th Cir. 1998).
    “We have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations.”
  • Schmitz v. M&M/Mars, 73 F. App'x 238 (9th Cir. 2003).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at discrimination ...”
  • True v. Allstate Ins., 160 F. App'x 616 (9th Cir. 2005).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at ‘discriminat[ion] ... because of ... sex.’”
  • Bonds v. Leavitt, 629 F.3d 369 (4th Cir. 2011).
    “Title VII does not prohibit all verbal or physical *386 harassment in the workplace; it is directed only at ‘discrimination] ... because of ... sex.’”
  • Gorski v. New Hampshire Dep't of Corr., 290 F.3d 466 (1st Cir. 2002).
    “[H]a-rassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex.”
  • Succar v. Dade Cnty. Sch. Bd., 229 F.3d 1331 (11th Cir. 2000).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at ‘discrimination] ... because of ... sex.’”
  • Steven Simpson v. The Vanderbilt Univ., 359 F. App'x 562 (6th Cir. 2009).
    “The critical issue ... is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.”
  • Red Mendoza v. Borden, Inc., D.B.A. Borden's Dairy, 195 F.3d 1238 (11th Cir. 1999).
    “We have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations.”
  • Mehl v. Portaco, Inc., 859 F. Supp. 2d 1026 (D. Minn. 2012).
    “[Hjarassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex.”
  • Margaret Froby v. Clark Cnty. Sch. Dist., 669 F. App'x 903 (9th Cir. 2016).
    “[Harassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex.”
  • Mocic v. Sumner Cnty. Emergency Med. Servs., 929 F. Supp. 2d 790 (M.D. Tenn. 2013).
    “The critical issue ... is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.”
  • Harp v. Dep't of Human Servs., Colorado Mental Health Inst., 932 F. Supp. 2d 1217 (D. Colo. 2013).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at discrimination because of sex or race.”
  • Packer v. Trs. of Indiana Univ. Sch. of Med., 73 F. Supp. 3d 1030 (S.D. Ind. 2014).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at ‘discrimi-natfion] ... because of ... sex.’”
  • Franchina v. Providence Fire Dep't, 881 F.3d 32 (1st Cir. 2018).
    “The critical issue, Title VH’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.”
  • Sclafani v. PC Richard & Son, 668 F. Supp. 2d 423 (E.D.N.Y 2009).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at ‘discrimination] ... because of ... sex.’”
  • Xiaoyan Tang v. Citizens Bank, N.A., 821 F.3d 206 (1st Cir. 2016).
    “Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals'of sexual act…”
  • Nelson v. Univ. of Hawai'i, 38 P.3d 95 (Haw. 2001).
    “[HJarassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex.”
  • Julia M. O'ROuRke v. City of Providence, 235 F.3d 713 (1st Cir. 2001).
    “Courts and juries have found the inference of discrimination easy to draw in most male-female sexual -harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual ac…”
  • McKinnon v. Gonzales, 642 F. Supp. 2d 410 (D.N.J. 2009).
    “The critical issue, Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed”
  • Crowley v. L.L. Bean, Inc., 143 F. Supp. 2d 38 (D. Me. 2001).
    “Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual act…”
  • Grosdidier v. Chairman, Broad. Bd. of Governors, 774 F. Supp. 2d 76 (D.D.C. 2011).
    “We have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations.”
  • Daniels v. BASF Corp., 270 F. Supp. 2d 847 (S.D. Tex. 2003).
    “Title VII does not prohibit all verbal or physical harassment in the workplace ....”
  • Stepheny v. Brooklyn Hebrew Sch. for Special Child., 356 F. Supp. 2d 248 (E.D.N.Y 2005).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at ‘discrimination] ... because of ... race [or] ... sex’”
  • Cole v. Boeing Inc., 845 F. Supp. 2d 277 (D.D.C. 2012).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at discrimination because of sex.”
  • Nancy Peery Bales v. Wal-Mart Stores, 143 F.3d 1103 (8th Cir. 1998).
    “[IJt is reasonable to assume [explicit or implicit proposals of sexual activity] would not have been made to someone of the same sex.”
  • 76 Fair empl.prac.cas. (Bna) 1690, 73 Empl. Prac. Dec. P 45,359 Nancy Peery Bales v. Wal-Mart Stores, Inc., Robert Lee Vallejo, Supervisor, Nancy Peery Bales v. Wal-Mart Stores, Inc., Robert Lee Vallejo, Supervisor, Nancy Peery Bales v. Wal-Mart Stores, Inc. Robert Lee Vallejo, Supervisor, 143 F.3d 1103 (8th Cir. 1998).
    “[I]t is reasonable to assume [explicit or implicit proposals of sexual activity] would not have been made to someone of the same sex.”
  • Nancy R. SWEENEY, Plaintiff-Appellant, v. Togo D. WEST, Jr., Sec'y, Dept. of the Army, Defendant-Appellee, 149 F.3d 550 (7th Cir. 1998).
    “The critical issue, Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.”
  • Webster v. Johnson, 126 F. App'x 583 (4th Cir. 2005).
    “Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at ‘disciminat[ion] ... because of ... [race].’”
  • St. Louis v. New York City Health & Hosp. Corp., 682 F. Supp. 2d 216 (E.D.N.Y 2010).
    “A trier of fact might reasonably find *231 [Title VII sex] discrimination, if a female victim is harassed in such sex-specific and derogatory terms by another woman as to make it clear that the harasser is motivated by…”
At page 79 Determining cognizable same-sex sexual harassment claims under Title VII119 citing cases“it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”92 citing courts quote it · 24 listed here
  • Kendall v. Collins, No. 24-1230 (Fed. Cir. Mar. 31, 2026).
    ([I]t is ultimately the provi- sions of our laws rather than the principal concerns of our legislators by which we are governed.)
  • State of Texas v. Trump, 127 F.4th 606 (5th Cir. 2025).
    ([I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.)
  • Black Lives Matter D.C. v. Trump, No. 2020-1469 (D.D.C. July 4, 2024).
    ([I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.)
  • Smith v. The Islamic Emirate, No. 1:01-cv-10132 (S.D.N.Y. Feb. 21, 2023).
    ({I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.)
  • 3M Co. & Subsidiaries, No. 5816-13 (Tax Ct. Feb. 9, 2023).
    ([I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.)
  • United States v. McHugh, No. 2021-0453 (D.D.C. Feb. 1, 2022).
    ([S]tatutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are go…)
  • Gordon v. Novastar Mortg., Inc., 524 F.3d 1175 (11th Cir. 2008).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • FRIENDS OF THE EVERGLADES v. South Florida Water Mgmt. Dist., 605 F.3d 962 (11th Cir. 2009).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • Graziano v. New York State Police, 142 F. App'x 5 (2d Cir. 2005).
    “[Njothing in Title VII necessarily bars a claim of discrimination ‘because of ... sex’ merely because the plaintiff and the defendant or the person charged with acting on behalf of the defendant are of the same sex.”
  • Norelus v. Denny's, Inc., 628 F.3d 1270 (11th Cir. 2010).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
Show 14 more citing cases
  • Jordan v. Sec'y of Educ. of the United States, 194 F.3d 169 (D.C. Cir. 1999).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • Myers v. Toojay's Mgmt. Corp., 640 F.3d 1278 (11th Cir. 2011).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • Nutritional Health All. v. Food & Drug Admin., 318 F.3d 92 (2d Cir. 2003).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • Stancombe v. New Process Steel LP, 652 F. App'x 729 (11th Cir. 2016).
    “[NJothing in Title VII necessarily bars a claim of discrimination ‘because of ... sex’ merely because the plaintiff and the defendant ... are of the same sex.”
  • Reid v. Ingerman Smith LLP, 876 F. Supp. 2d 176 (E.D.N.Y 2012).
    “[W]e hold today that nothing in Title VII necessarily bars a claim of discrimination ‘because of ... sex’ merely because the plaintiff and the defendant (or the person charged with acting on behalf of the defendant) ar…”
  • Cri-Leslie, LLC v. Comm'r of Internal Revenue, 882 F.3d 1026 (11th Cir. 2018).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • Lopez v. River Oaks Imaging & Diagnostic Grp., Inc., 542 F. Supp. 2d 653 (S.D. Tex. 2008).
    “[Statutory provisions often go beyond the principal evil to cover reasonably comparable evils.”
  • Karla Vanessa Arcia v. Florida Sec'y of State, 746 F.3d 1273 (11th Cir. 2014).
    “But statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are…”
  • Karla Vanessa Arcia v. Florida Sec'y of State, 772 F.3d 1335 (11th Cir. 2014).
    “But statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are…”
  • Nat'l Labor Relations Bd. v. SW Gen., Inc., 580 U.S. 288 (2017).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • United States v. Alvin James Pierce, 278 F.3d 282 (4th Cir. 2002).
    “[S]tatutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are go…”
  • Ortiz v. Pearson, 88 F. Supp. 2d 151 (S.D.N.Y. 2000).
    “[Statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are gov…”
  • San Luis & Delta-Mendota Water Auth. v. Haugrud, 848 F.3d 1216 (9th Cir. 2017).
    “[I]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”
  • Hattaway v. Engelhard Corp., 998 F. Supp. 1479 (M.D. Ga. 1998).
    “[Sjtatutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are go…”
At page 82 Distinguishing simple teasing from actionable harassment under Title VII98 citing cases“the real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed.”81 citing courts quote it · 23 listed here
  • Stepp v. Talihina Pub. Sch. Dist., No. 6:24-cv-00146 (E.D. Okla. Apr. 17, 2025). 2 cites
    (Common sense, and an appropriate sensitivity to social context, will enable courts and juries to distinguish between simple teasing or roughhousing among members of the same sex, and conduct which a reasonable person i…)
  • Simmons v. United Parcel Serv. Inc, No. 3:25-cv-00105 (N.D. Ala. Mar. 19, 2025).
    (The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a 14 Doc. no. 1-1 (Complaint) ¶ 9. 10 simple r…)
  • LiVolsi v. Univ. of Texas At Austin, No. 1:24-cv-00127 (W.D. Tex. Nov. 15, 2024).
    (The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…)
  • Lockhart v. Cdm Resource Mgmt. LLC, No. 2:20-cv-00258 (W.D. Pa. Sept. 29, 2022). 2 cites
    ([W]e conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII.)
  • Equal Emp. Opportunity Comm'n v. WC&M Enter., Inc., 496 F.3d 393 (5th Cir. 2007).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Ocheltree v. Scollon Prods., Inc., 335 F.3d 325 (4th Cir. 2003).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Bass v. Joliet Pub. Sch. Dist. No. 86, 746 F.3d 835 (7th Cir. 2014).
    “[W]e conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII-”
  • Lora Freier-Heckler v. Denis McDonough, No. 22-3233 (6th Cir. Mar. 7, 2023).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Batayias v. The Mech. Shop, Inc., No. 4:19-cv-00015 (S.D. Ga. July 14, 2020).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Conner v. Schrader-Bridgeport, No. 98-2055 (4th Cir. Sept. 13, 2000).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expecta- tions, and relationships which are not fully captured by a simple reci- tation of the words used or t…”
Show 13 more citing cases
  • Hanley v. Chevy Chaser Magazine, LLC, 199 F. App'x 425 (6th Cir. 2006).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Jean Calderon v. Ford Motor Credit Co., 300 F. App'x 362 (6th Cir. 2008).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words *370 used or…”
  • Jenkins v. Univ. of Minnesota, 838 F.3d 938 (8th Cir. 2016).
    “Common sense, and an appropri *946 ate sensitivity to social context, will enable courts and juries to distinguish between simple teasing ... and conduct which a reasonable person in the plaintiffs position would find,…”
  • Theresa Waldo v. Consumers Energy Co., 726 F.3d 802 (6th Cir. 2013).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • U.S. Equal Emp. Opportunity Comm'n v. Scott Med. Health Ctr., P.C., 217 F. Supp. 3d 834 (W.D. Pa. 2016).
    “[W]e conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII.”
  • Alvarado v. Shipley Donut Flour & Supply Co., Inc., 526 F. Supp. 2d 746 (S.D. Tex. 2007).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Gregson Joseph v. Michael O. Leavitt, Sec'y of Dep't of Health & Human Servs., Docket No. 05-3348-Cv, 465 F.3d 87 (2d Cir. 2006).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships ...”
  • Cheryl S. Conner v. Schrader-Bridgeport Int'l, Inc., 227 F.3d 179 (4th Cir. 2000).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Ocheltree v. Scollon Prods., 335 F.3d 325 (4th Cir. 2003).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…”
  • Whitley v. City of Portland, 654 F. Supp. 2d 1194 (D. Or. 2009).
    “The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, exceptions, and relationships which are not fully captured by a simple recitation of the words used or the phy…”
  • Baker v. Library of Cong., 260 F. Supp. 2d 59 (D.D.C. 2003).
    “[t]he real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the…”
  • Stranz v. Ice Cream Liquidation, Inc. (In Re Ice Cream Liquidation, Inc.), 281 B.R. 154 (Bankr. D. Conn. 2002).
    “[W]e conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII ....”
  • Charvette Williams v. Rodney Herron, 687 F.3d 971 (8th Cir. 2012).
    “Common sense, and an appropriate sensitivity to social context, will enable courts and juries to distinguish between simple teasing or roughhousing ... and conduct which a reasonable person in the plaintiffs position w…”
At page 81 Determining objective severity of workplace harassment under title vii448 citing casesThe real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed.4 citing courts put it this way · 23 listed here
  • Federman, No. 5:25-cv-00152 (N.D.N.Y. Mar. 16, 2026).
    (While ‘the central statutory purpose [of Title VII was] eradicating discrimination in employment, Title VII does not set forth a general civility code for the American workplace.’)
  • Jaketra Bryant v. Calvary Christian Sch. of Columbus Georgia Inc, No. 23-13252 (11th Cir. Feb. 12, 2026).
    ([T]he objective severity of harassment should be judged from the perspective of a reasonable person in the plaintiff’s position, con- sidering all the circumstances.)
  • Maxwell v. Tuskegee Univ. (MAG+), No. 3:23-cv-00472 (M.D. Ala. Aug. 29, 2025). 2 cites
    (The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…)
  • Frontanez v. Stv Grp.,Inc., No. 5:24-cv-06545 (E.D. Pa. July 15, 2025).
    (These standards for judging hostility are sufficiently demanding to ensure that Title VII does not become a ‘general civility code.’)
  • Duke v. Topre Am. Corp., No. 5:22-cv-01402 (N.D. Ala. Oct. 24, 2024).
    (The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…)
  • Patterson v. The City of Cape Coral, Florida, No. 2:22-cv-00331 (M.D. Fla. Mar. 28, 2024).
    (The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used[.])
  • Morley v. Energy Servs. of Am. Corp., No. 3:22-cv-00375 (S.D.W. Va Jan. 3, 2024).
    ([M]inor changes in job responsibilities typically are not actionable.)
  • Mary E. Harris v. The Pub. Health Trust of Miami-Dade Cnty., 82 F.4th 1296 (11th Cir. 2023). 2 cites
    (Whatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted ‘discrimina[tion] . .…)
  • Conteh v. Diversified Prot. Corp., No. 8:20-cv-03032 (D. Md. Mar. 24, 2022).
    (This element of a hostile work environment claim has both subjective and objective parts.)
  • Cloutier v. Ledyard Bd. of Educ., No. 3:20-cv-01690 (D. Conn. Dec. 17, 2021).
    (The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the p…)
Show 13 more citing cases
  • Keskinidis v. Univ. of Massachusetts Boston, 76 F. Supp. 3d 254 (D. Mass. 2014).
    “The prohibition of harassment on the basis of sex ... forbids only behavior so objectively offensive as to alter the ‘conditions’ of the victim’s employment.”
  • McKinley v. Salvation Army, 192 F. Supp. 3d 678 (W.D. Va. 2016).
    “[T]he objective severity of harassment should be judged from the perspective of a reasonable person in the plaintiffs position, considering all the circum stances.”
  • Cardona v. Potter, 536 F. Supp. 2d 172 (D.P.R. 2008).
    “[e]onduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VIPs purview.”
  • Saxe v. State Coll. Area Sch. Dist., 240 F.3d 200 (3d Cir. 2001).
    “Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VII’s purview.”
  • Cooper v. Nielsen, No. 2017-0010 (D.D.C. Mar. 19, 2019).
    “Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment—an environment that a reasonable person would find hostile or abusive—is beyond Title VII's purview.”
  • Suzanne D. Kocak v. Cmty. Health Partners of Ohio, Inc., 400 F.3d 466 (6th Cir. 2005).
    “Whatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct was not merely tinged with offensive sexual connotations, but actually constituted ‘discrimination] ... because o…”
  • Figgins v. Advance Am. Cash Advance Centers of Michigan, Inc., 476 F. Supp. 2d 675 (E.D. Mich. 2007).
    “Whatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct was not merely tinged with offensive sexual connotations, but actually constituted 1discrimination■] ... because…”
  • Erickson v. City of Topeka, Kan., 209 F. Supp. 2d 1131 (D. Kan. 2002).
    “Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive— is beyond Title VII’s purview.”
  • Acevedo v. City of Reading, No. 5:23-cv-01224 (E.D. Pa. Apr. 5, 2024).
    “[The severe or pervasive] inquiry requires careful consideration of the social context in which particular behavior occurs and is experienced by its target.”
  • Delancey v. FOX Corp., No. 1:23-cv-10357 (S.D.N.Y. Feb. 21, 2025).
    “A same-sex harassment plaintiff may also, of course, offer direct comparative evidence about how the alleged harasser treated members of both sexes in a mixed-sex workplace.”
  • Johnson v. Dist. of Columbia, 49 F. Supp. 3d 115 (D.D.C. 2014).
    “[Title VII] forbids only behavior so objectively offensive as to alter the ‘conditions’ of the victim’s employment.”
  • Harrison v. Off. of the Architect of the Capitol, 68 F. Supp. 3d 160 (D.D.C. 2014).
    “Whatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted ‘discrimination ... b…”
  • Johnston v. Univ. of Pittsburgh of the Commonwealth Sys. of Higher Educ., 97 F. Supp. 3d 657 (W.D. Pa. 2015).
    “[T]he statute does not reach genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex. The prohibition of harassment on the basis of sex requir…”
At page 78 Defining title vii's scope regarding sex and discrimination183 citing casesTitle VII's prohibition of discrimination ‘because of ... sex’ protects men as well as women.13 citing courts put it this way · 18 listed here
  • Christopher Massey v. Borough of Bergenfield, 169 F.4th 188 (3d Cir. 2026).
    (Because of the many facets of human motivation, it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.)
  • Tao, No. 2:25-cv-02005 (D. Kan. Jan. 29, 2026). 2 cites
    (Title VII's prohibition of discrimination ‘because of ... sex’ protects men as well as women.)
  • Hickles, No. 2:24-cv-02252 (D. Kan. Jan. 28, 2026).
    (Title VII’s prohibition of discrimination ‘because of . . . sex’ protects men as well as women.)
  • Terranova, No. 2:25-cv-02114 (D. Kan. Nov. 20, 2025). 2 cites
    (Title VII's prohibition of discrimination ‘because of ... sex’ protects men as well as women.)
  • Johnson v. Johnson Cnty., Kansas, Bd. of Commissioners, No. 2:24-cv-02056 (D. Kan. July 31, 2025).
    (Title VII's prohibition of discrimination ‘because of ... sex’ protects men as well as women.)
  • Norman v. ExxonMobil Corp., No. 3:23-cv-00330 (M.D. La. Feb. 7, 2024).
    ([I]t would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.)
  • Taylor v. Go-Getters, Inc., No. 1:20-cv-03624 (D. Md. Dec. 9, 2021).
    (Title VII’s prohibition of discrimination ‘because of . . . sex’ protects men as well as women . . . .)
  • Scott v. U.S. Bank Nat'l Assn, No. 21-10031 (5th Cir. Nov. 26, 2021).
    ([W]e have rejected any conclusive presumption that an employer will not discriminate against members of his own race.)
  • Michael J. Hamm v. Weyauwega Milk Prods., Inc., 332 F.3d 1058 (7th Cir. 2003).
    “Title VIPs prohibition of discrimination ‘because of ... sex’ protects men as well as women.”
  • Ortiz v. Georgia Pac., 973 F. Supp. 2d 1162 (E.D. Cal. 2013).
    “Title VII’s prohibition of discrimination ‘because of ... sex’ protects men as well as women.”
Show 8 more citing cases
  • Simmons v. Nevada Sys. of Higher Educ., No. 3:19-cv-00382 (D. Nev. Feb. 6, 2020).
    “Title VII’s prohibition of discrimination ‘because of . . . sex’ protects men as well as 20 women.”
  • (PS) Peccia v. State of CA Dept. of Corr. & Rehab., No. 2:18-cv-03049 (E.D. Cal. Aug. 12, 2021).
    “Title VII’s prohibition of discrimination ‘because of ... sex’ protects men as well as 12 women.”
  • Mendelsohn v. Univ. Hosp., 178 F. Supp. 2d 323 (E.D.N.Y 2002).
    “Title VII’s prohibition of discrimination ‘because of ... sex’ protects men as well as women.”
  • Equal Emp. Opportunity Comm'n v. Prospect Airport Servs., Inc., 621 F.3d 991 (9th Cir. 2010).
    “Title VII’s prohibition of discrimination because of sex protects men as well as women ....”
  • James Hampton v. Michigan Bell Tel. Co., No. 342286 (Mich. Ct. App. Nov. 26, 2019).
    “Because of the many facets of human motivation, it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.”
  • Landrau Romero v. Caribbean Restaurants, Inc., 14 F. Supp. 2d 185 (D.P.R. 1998).
    “Title VII’s prohibition of discrimination ‘because of ... sex’ protects men as well as women”
  • Weekly, No. 2:25-cv-02580 (D. Kan. May 13, 2026).
    “Title VII's prohibition of discrimination ‘because of ... sex’ protects men as well as women.”
  • Odis Ross v. Douglas Cnty., Nebraska, 234 F.3d 391 (8th Cir. 2000).
    “Because of the many facets of human motivation, it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.”
118 S. Ct. at 1002 [T]he critical issue, Page 28 _______________________________ Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed1 citing case1 citing court put it this way
  • Colon-Gonzalez v. Commonwealth of Puerto Rico, No. 3:17-cv-01162 (D.P.R. Feb. 22, 2024). 2 cites
    ([T]he critical issue, Page 28 _______________________________ Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex…)
At page 163 Breeding never asked to have sex with plaintiff1 citing case1 citing court put it this way · 1 cautionary
Quoted next to this citation, but not language from this opinion
“Title VII prohibits ‘discriminat[ion] . . . because of . . . sex’” which includes “sexual harassment of any kind that meets the statutory requirements.”quoted beside the cite; not in this opinion · 1 citing case listed
  • Rita Fox v. Lucille F. Gaines, 4 F.4th 1293 (11th Cir. 2021).
    “Title VII prohibits ‘discriminat[ion] . . . because of . . . sex’” which includes “sexual harassment of any kind that meets the statutory requirements.”
Retrieving the full opinion text from the archive…
ONCALE
v.
SUNDOWNER OFFSHORE SERVICES, INC., Et Al.
Nicholas Canaday III argued the cause for petitioner. With him on the briefs were Andre P. LaPlace and Eric Schnapper., Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. On the brief were Acting Solicitor General Dellinger, Acting Assistant Attorney General Pinzler, Deputy Solicitor General Waxman, Beth S. Brinkmann, C. Gregory Stewart, J. Ray Terry, Jr., Gwendolyn Young Reams, and Carolyn L. Wheeler., Harry M. Reasoner argued the cause for respondents. With him on the brief were John H. Smither, Marie R. Yeates, Thomas H. Wilson, and Samuel Issacharoff.*
Scalia, Scaiia, Thomas.
Cited by 3,615 opinions  |  Published
79 passages pin-cited by 108 cases
Pinpoint authority: #232 of 633,719
Citer courts: Eleventh Circuit (51) · Fourth Circuit (19) · Sixth Circuit (16) · District of Columbia (16) · First Circuit (15) · Second Circuit (15) · E.D. New York (13)

Lead Opinion

Justice Scalia

delivered the opinion of the Court.

This case presents the question whether workplace harassment can violate Title VII’s prohibition against “diserimina-t[ion]... because of... sex,” 42 U. S. C. §2000e-2(a)(I), when the harasser and the harassed employee are of the same sex.

I

The District Court having granted summary judgment for respondents, we must assume the facts to be as alleged by petitioner Joseph Oncale. The precise details are irrelevant[*77] to the legal point we must decide, and in the interest of both brevity and dignity we shall describe them only generally. In late October 1991, Oncale was working for respondent Sundowner Offshore Services, Inc., on a Chevron U. S. A., Inc., oil platform in the Gulf of Mexico. He was employed as a roustabout on an eight-man crew which included respondents John Lyons, Danny Pippen, and Brandon Johnson. Lyons, the crane operator, and Pippen, the driller, had supervisory authority, App. 41, 77, 43. On several occasions, Oncale was forcibly subjected to sex-related, humiliating actions against him by Lyons, Pippen, and Johnson in the presence of the rest of the crew. Pippen and Lyons also physically assaulted Oncale in a sexual manner, and Lyons threatened him with rape.

Oneale’s complaints to supervisory personnel produced no remedial action; in fact, the company’s Safety Compliance Clerk, Valent Hohen, told Oncale that Lyons and Pippen “picked [on] him all the time too,” and called him a name suggesting homosexuality. Id., at 77. Oncale eventually quit — asking that his pink slip reflect that he “voluntarily left due to sexual harassment and verbal abuse.” Id., at 79. When asked at his deposition why he left Sundowner, Oncale stated: “I felt that if I didn’t leave my job, that I would be raped or forced to have sex.” Id., at 71.

Oncale filed a complaint against Sundowner in the United States District Court for the Eastern District of Louisiana, alleging that he was discriminated against in his employment because of his sex. Relying on the Fifth Circuit’s decision in Garcia v. Elf Atochem North America, 28 F. 3d 446, 451-452 (1994), the District Court held that “Mr. Oncale, a male, has no cause of action under Title VII for harassment by male co-workers.” App. 106. On appeal, a panel of the Fifth Circuit concluded that Garcia was binding Circuit precedent, and affirmed. 83 F. 3d 118 (1996). We granted certiorari. 520 U. S. 1263 (1997).

[*78] H-4 H-i

Title VII of the Civil Rights Act of 1964 provides, in relevant part, that “[i]t shall be an unlawful employment practice for an employer ... to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 78 Stat. 255, as amended, 42 U. S. C. § 2000e-2(a)(1). We have held that this not only covers “terms” and “conditions” in the narrow contractual sense, but “evinces a congressional intent to strike at the entire spectrum of disparate treatment of men and women in employment.” Meritor Savings Bank, FSB v. Vinson, 477 U. S. 57, 64 (1986) (citations and internal quotation marks omitted). “When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment, Title VII is violated.” Harris v. Forklift Systems, Inc., 510 U. S. 17, 21 (1993) (citations and internal quotation marks omitted).

Title VII’s prohibition of discrimination “because of . . . sex” protects men as well as women, Newport News Shipbuilding & Dry Dock Co. v. EEOC, 462 U. S. 669, 682 (1983), and in the related context of racial discrimination in the workplace we have rejected any conclusive presumption that an employer will not discriminate against members of his own race. “Because of the many facets of human motivation, it would be unwise to presume as a matter of law that human beings of one definable group will not discriminate against other members of their group.” Castaneda v. Partida, 430 U. S. 482, 499 (1977). See also id., at 515-516, n. 6 (Powell, J., joined by Burger, C. J., and Rehnquist, J., dissenting). In Johnson v. Transportation Agency, Santa Clara Cty., 480 U. S. 616 (1987), a male employee claimed that his employer discriminated against him because of his sex when it preferred a female employee for promotion. Al[*79] though we ultimately rejected the claim on other grounds, we did not consider it significant that the supervisor who made that decision was also a man. See id., at 624-625. If our precedents leave any doubt on the question, we hold today that nothing in Title VII necessarily bars a claim of discrimination “because of... sex” merely because the plaintiff and the defendant (or the person charged with acting on behalf of the defendant) are of the same sex.

Courts have had little trouble with that principle in cases like Johnson, where an employee claims to have been passed over for a job or promotion. But when the issue arises in the context of a “hostile environment” sexual harassment claim, the state and federal courts have taken a bewildering variety of stances. Some, like the Fifth Circuit in this ease, have held that same-sex sexual harassment claims are never cognizable under Title VII. See also, e. g., Goluszek v. H. P. Smith, 697 F. Supp. 1452 (ND Ill. 1988). Other decisions say that such claims are actionable only if the plaintiff can prove that the harasser is homosexual (and thus presumably motivated by sexual desire). Compare McWilliams v. Fairfax County Board of Supervisors, 72 F. 3d 1191 (CA4 1996), with Wrightson v. Pizza Hut of America, 99 F. 3d 138 (CA4 1996). Still others suggest that workplace harassment that is sexual in content is always actionable, regardless of the harasser’s sex, sexual orientation, or motivations. See Doe v. Belleville, 119 F. 3d 563 (CA7 1997).

We see no justification in the statutory language or our precedents for a categorical rule excluding same-sex harassment claims from the coverage of Title VII. As some courts have observed, male-on-male sexual harassment in the workplace was assuredly not the principal evil Congress was concerned with when it enacted Title VII. But statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed. Title VII prohibits “discrimina-[*80] t[ion].. . because of. .. sex” in the “terms” or “conditions” of employment. Our holding that this includes sexual harassment must extend to sexual harassment of any kind that meets the statutory requirements.

Respondents and their amici contend that recognizing liability for same-sex harassment will transform Title VII into a general civility code for the American workplace. But that risk is no greater for same-sex than for opposite-sex harassment, and is adequately met by careful attention to the requirements of the statute. Title VII does not prohibit all verbal or physical harassment in the workplace; it is directed only at “discrimination] . . . because of . . . sex.” We have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations. “The critical issue, Title VII’s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.” Harris, supra, at 25 (Ginsburg, J., concurring).

Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual activity; it is reasonable to assume those proposals would not have been made to someone of the same sex. The same chain of inference would be available to a plaintiff alleging same-sex harassment, if there were credible evidence that the harasser was homosexual. But harassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex. A trier of fact might reasonably find such discrimination, for example, if a female victim is harassed in such sex-specific and derogatory terms by another woman as to make it clear that the harasser is motivated by general hostility to the presence of women in the workplace. A same-sex harassment plaintiff may also, of course, offer di[*81] reet comparative evidence about how the alleged harasser treated members of both sexes in a mixed-sex workplace. Whatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted “discrimination] ... because of... sex.”

And there is another requirement that prevents Title VII from expanding into a general civility code: As we emphasized in Meritor and Harris, the statute does not reach genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex. The prohibition of harassment on the basis of sex requires neither asexuality nor androgyny in the workplace; it forbids only behavior so objectively offensive as to alter the “conditions” of the victim’s employment. “Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment — an environment that a reasonable person would find hostile or abusive — is beyond Title VII’s purview.” Harris, 510 U. S., at 21, citing Meritor, 477 U. S., at 67. We have always regarded that requirement as crucial, and as sufficient to ensure that courts and juries do not mistake ordinary socializing in the workplace — such as male-on-male horseplay or intersexual flirtation — for discriminatory “conditions of employment.”

We have emphasized, moreover, that the objective severity of harassment should be judged from the perspective of a reasonable person in the plaintiff’s position, considering “all the circumstances.” Harris, supra, at 23. In same-sex (as in all) harassment cases, that inquiry requires careful consideration of the social context in which particular behavior occurs and is experienced by its target. A professional football player’s working environment is not severely or pervasively abusive, for example, if the coach smacks him on the buttocks as he heads onto the field — even if the same behavior would reasonably be experienced as abusive by the coach’s secretary (male or female) back at the office. The[*82] real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed. Common sense, and an appropriate sensitivity to social context, will enable courts and juries to distinguish between simple teasing or roughhousing among members of the same sex, and conduct which a reasonable person in the plaintiff’s position would find severely hostile or abusive.

III

Because we conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII, the judgment of the Court of Appeals for the Fifth Circuit is reversed, and the ease is remanded for further proceedings consistent with this opinion.

It is so ordered.

Concurrence

Justice Thomas,

concurring.

I concur because the Court stresses that in every sexual harassment ease, the plaintiff must plead and ultimately prove Title VII’s statutory requirement that there be discrimination “because of... sex.”