Debra Jean SHEPHERD, Plaintiff-Appellant, v. the COMPTROLLER OF Pub. ACCOUNTS OF the STATE of TEXAS, Defendant-Appellee, 168 F.3d 871 (5th Cir. 1999). · Go Syfert
Debra Jean SHEPHERD, Plaintiff-Appellant, v. the COMPTROLLER OF Pub. ACCOUNTS OF the STATE of TEXAS, Defendant-Appellee, 168 F.3d 871 (5th Cir. 1999). Cases Citing This Book View Copy Cite
442 citation events (385 in the last 25 years) across 42 distinct courts.
Strongest positive: Kendrick T. Golatt, Sr. v. Caddo Parish School Board (lawd, 2026-02-09)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kendrick T. Golatt, Sr. v. Caddo Parish School Board (2×) also: Cited "see, e.g."
W.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
defendant's harassing actions, although offensive, are not the type of extreme conduct that would prevent plaintiff from succeeding in the workplace.
examined Cited as authority (verbatim quote) Underwood v. Mississippi Department of Corrections (3×) also: Cited as authority (rule)
S.D. Miss. · 2022 · quote attribution · 1 verbatim quote · confidence high
the mere utterance of an . . . epithet which engenders offensive feelings in an employee does not sufficiently affect the conditions of employment.
examined Cited as authority (verbatim quote) Abbt v. City of Houston
5th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
to be actionable, the challenged conduct must be both objectively offensive, meaning that a reasonable person would find it hostile and abusive, and subjectively offensive, meaning that the victim perceived it to be so.
discussed Cited as authority (verbatim quote) LaLangie Hoskins v. Eugene Droder, III
5th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
to be actionable, the challenged conduct must be both objectively . . . and subjectively offensive.
discussed Cited as authority (rule) NATRAN REZENE v. HARIBO OF AMERICA, INC. and MICHAEL BEST & FRIEDRICH LLP (2×)
E.D. Tex. · 2025 · confidence medium
Accounts of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999).
discussed Cited as authority (rule) Jacqueline Helen Sanders v. Deluxe
N.D. Tex. · 2025 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir. 1999) (finding plaintiff’s allegations that a male coworker stared at her and touched her arm, shoulder, and waist inappropriately on several occasions were not severe or physically threatening); Hockman v. Westward Commc’ns, LLC, 407 F.3d 317, 328 (5th Cir. 2004) (finding harassment non-severe and non-pervasive where female employee alleged male coworker “harassed her in the following ways: (1) he once made a remark to [plaintiff] about another employee’s body, (2) he once slapped her on the behind with a newspaper, (3) he “grabbed or brushed”…
discussed Cited as authority (rule) Tamekia Livingston-Willis v. Iberia Comprehensive Community Health Center Inc et al
W.D. La. · 2025 · confidence medium
Accts. of State of Texas, 168 F.3d 871, 874 (5th Cir. 1999) (cleaned up), quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367, 370 (1993) and Faragher v. City of Boca Raton, 524 U.S. 775 , 118 S.Ct. 2275, 2283 (1998).
discussed Cited as authority (rule) Nichole Dorsey v. Iberia Comprehensive Community Health Center Inc et al
W.D. La. · 2025 · confidence medium
Accts. of State of Texas, 168 F.3d 871, 874 (5th Cir. 1999) (cleaned up), quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367, 370 (1993) and Faragher v. City of Boca Raton, 524 U.S. 775 , 118 S.Ct. 2275, 2283 (1998).
discussed Cited as authority (rule) Glasgow-McCall v. Harris County (2×) also: Cited "see, e.g."
S.D. Tex. · 2025 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999)).
cited Cited as authority (rule) Brauckmiller v. University of Texas at San Antonio
W.D. Tex. · 2025 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999).
discussed Cited as authority (rule) Brauckmiller v. University of Texas at San Antonio (2×)
W.D. Tex. · 2025 · confidence medium
Accts. of State of Texas, 168 F.3d 871, 873 (5th Cir. 1999).
cited Cited as authority (rule) Smith v. McDonough
W.D. Tex. · 2025 · confidence medium
Accounts, 168 F.3d 871, 873 (5th Cir. 1999). 4 As to the second element, Smith does not identify with specificity any adverse employment action in his Response.
cited Cited as authority (rule) Jackson v. PFP Industries, LLC
W.D. Tex. · 2025 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999) (citing Harris, 510 U.S. at 23 ).
cited Cited as authority (rule) Berry v. Houston Health Department
S.D. Tex. · 2024 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir. 1999)).
cited Cited as authority (rule) Waller v. Jet Specialty, Inc.
W.D. Tex. · 2024 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999) (citing Harris, 510 U.S. at 23 ).
cited Cited as authority (rule) B.W. v. Austin Indep School Dist
5th Cir. · 2024 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999) (Title VII).
discussed Cited as authority (rule) Gary Monbelly v. Allied Universal Protection Services
W.D. La. · 2024 · confidence medium
In determining whether a work environment is abusive, courts consider “the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance.” Id. (quoting Shepherd v. Comptroller of Public Accounts, 168 F.3d 871, 874 (5th Cir. 1999)).
discussed Cited as authority (rule) Zuniga v. City of Dallas, Texas
N.D. Tex. · 2024 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999) (quoting Weller v. Citation Oil & Gas Corp., 84 F.3d 191, 194 (5th Cir. 1996)).3 2 Zuniga alleges that Alli engaged in three incidents of harassment: (1) he interrupted her vacation request by offering to take her on the trip himself and stating that she should 3The Supreme Court recently held in Muldrow v. City of St.
cited Cited as authority (rule) Wilson v. Clay County, Mississippi
N.D. Miss. · 2024 · confidence medium
Accounts o State of Texas, 168 F.3d 871, 874 (5th Cir. 1999) and its progeny, including Hockman v. Westward Commc’ns, LLC, 407 F.3d 317, 328 (5th Cir. 2004).
cited Cited as authority (rule) Fleming v. Methodist Hospital
W.D. Tex. · 2024 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999) (emphasis added).
discussed Cited as authority (rule) Cavanaugh v. United States Army Corps of Engineers
E.D. La. · 2024 · confidence medium
Accounts of the State of Tex., 168 F.3d 871, 873 (5th Cir. 1999)); Ramsey v. Henderson, 286 F.3d 264, 268 (5th Cir. 2002); Dediol, 655 F.3d at 443 (citing Harvill v. Westward Comms., LLC, 433 F.3d 428, 4345 (5th Cir.2005)); West v. City of Hous., 960 F.3d 736 , 741–42 (5th Cir. 2020) (quoting Ramsey, 286 F.3d at 268 ). 58 West, 960 F.3d at 741–42 (citation omitted). 59 Harris, 510 U.S. at 21 . 60 Faragher, 524 U.S. at 787 (citing Harris, 510 U.S. at 21–22)); Aryain v. Wal–Mart Stores of Tex., LP, 534 F.3d 473, 479 (5th Cir. 2008) (quoting Faragher, 524 U.S. at 786 ). 61 Harris, 510 U.S…
discussed Cited as authority (rule) Zuniga v. City of Dallas, Texas
N.D. Tex. · 2024 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999) (holding that colleague’s comments that plaintiff’s “elbows are the same color as your nipples,” that she had “big thighs,” and that his lap was her “seat” were not sufficiently severe); Arredondo v. Schlumberger Ltd., 583 F.Supp.3d 783 , 799 (W.D.
discussed Cited as authority (rule) Chambliss v. Entergy Corporation
E.D. La. · 2023 · confidence medium
Accts. of the State of Tex., 168 F.3d 871, 873 (5th Cir. 1999)). 80 West, 960 F.3d at 741–42 (citation omitted). 81 Harris, 510 U.S. at 21 . so).82 The totality of the employment circumstances determines whether an environment is objectively hostile.83 Although no single factor is determinative, pertinent considerations are: (1) “the frequency of the discriminatory conduct”; (2) “its severity”; (3) “whether it is physically threatening or humiliating, or a mere offensive utterance”; and (4) “whether it unreasonably interferes with an employee’s work performance.”84 To that …
discussed Cited as authority (rule) Husak v. Baylor Scott & White Health
N.D. Tex. · 2023 · confidence medium
Accts. of State of Texas, 168 F.3d 871, 874 (5th Cir. 1999) (discussing the same and declining to determine a genuine issue of material fact existed as to whether the harassment affected a “term, condition, or privilege” of employment”).
cited Cited as authority (rule) Burchfield v. South Louisiana Medical Associates, A Professional Corporation
E.D. La. · 2023 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999)).
cited Cited as authority (rule) Smith v. McDonough
W.D. Tex. · 2023 · confidence medium
Accounts, 168 F.3d 871, 873 (5th Cir. 1999).
cited Cited as authority (rule) Pfang v. Lamar Institute of Technology
E.D. Tex. · 2023 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir.), cert. denied, 528 U.S. 963 (1999).
discussed Cited as authority (rule) Corbett v. Texas Tech University Health Sciences Center (2×)
N.D. Tex. · 2023 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999) (internal quotation marks and citation omitted).
examined Cited as authority (rule) Cerda v. Olin Corporation, A Virginia Corporation (3×) also: Cited "see"
S.D. Tex. · 2023 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 873 (5th Cir. 1999).
examined Cited as authority (rule) City of Houston v. Evernecca Carter (3×) also: Cited "see, e.g."
Tex. App. · 2023 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999)).
cited Cited as authority (rule) Lan v. University of Texas at San Antonio
W.D. Tex. · 2023 · confidence medium
Accounts, 168 F.3d 871, 873 (5th Cir. 1999).
cited Cited as authority (rule) Butler v. Collins
N.D. Tex. · 2023 · confidence medium
Accts. of State of Texas, 168 F.3d 871, 874 (5th Cir. 1999); see generally Hernandez, 670 F.3d at 651 .
cited Cited as authority (rule) Carranza v. Shelton & Valadez, P.C.
W.D. Tex. · 2023 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir. 1999) (internal quotation and citation omitted).
discussed Cited as authority (rule) Wilkinson v. Pinnacle Lodging, LLC
E.D. La. · 2022 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir. 1999)). 129 To carry his burden on summary judgment, Wilkinson “must ‘identify specific evidence in the record and articulate the precise manner in which that evidence supports his ... claim,’” Carr v. Air Line Pilots Ass’n, Int’l, 866 F.3d 597, 601 (5th Cir. 2017) (quoting Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998)) (alteration omitted), because “[s]ummary judgment may not be thwarted by conclusional allegations, unsupported assertions, or presentation of only a scintilla of evidence.” McFaul v. Valenzuela, 684 F.3d…
discussed Cited as authority (rule) Williams v. Magnolia Community Services, Inc.
E.D. La. · 2022 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir.1999) (stating the challenged conduct must be both objectively and subjectively offensive.) The defendant’s alleged actions also clearly impacted a condition of plaintiff’s employment given her claims that she was humiliated by being forced to use the restroom on herself.
cited Cited as authority (rule) Karpaitis v. Mandal's, Inc.
S.D. Miss. · 2022 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 873 (5th Cir. 1999) (quoting Jones v. Flagship Int’l, 793 F.2d 714 , 719- 20 (5th Cir. 1986)).
discussed Cited as authority (rule) Posey v. City of Moss Point, Mississippi
S.D. Miss. · 2022 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir. 1999) (holding that occasional sexually teasing comments were “boorish and offense” but not severe).
discussed Cited as authority (rule) Venters v. Walgreen Company
S.D. Tex. · 2022 · confidence medium
See Faragher, 118 S. Ct. at 2284 (“Properly applied, [the standards for judging hostility] will filter out complaints attacking ‘the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing.’”); Shepherd v. Comptroller of Public Accounts of the State of Texas, 168 F.3d 871, 872-74 (5th Cir.), cert. denied, 120 S. Ct. 395 (1999) (finding harassment was not severe when a male coworker made comments to a female plaintiff about her private parts and intermittently rubbed plaintiff’s arm).
cited Cited as authority (rule) Montague v. City of Moss Point, Mississippi
S.D. Miss. · 2022 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir. 1999) (quoting Harris v. Forklift Sys., 510 U.S. 17, 21 (1993)).
discussed Cited as authority (rule) Emery v. Opelousas Housing Authority
W.D. La. · 2021 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir.1999)). 2° Faragher, 524 U.S. at 788 . 3° Harris v. Forklift Systems, Inc., 510 U.S. 17 , 114 S.Ct. 367, 126 , L.Ed.2d 295 (1993). 31 See Exhibit A to Document 10; pgs. 85-87; lines 16-1. 32 Id. at pgs: 79-80, lines 7-3.
examined Cited as authority (rule) Rodrigue v. P T S Management Group L L C (3×)
W.D. La. · 2021 · confidence medium
Accounts, 168 F.3d 871, 874 (5th Cir.1999)).
discussed Cited as authority (rule) Belson v. Department of Interior
E.D. La. · 2021 · confidence medium
Accounts of State of Texas, 168 F.3d 871, 874 (5th Cir. 1999). 23 Ramsey v. Henderson, 286 F.3d 264, 268 (5th Cir. 2002) (quoting Walter v. Thompson, 214 F.3d 615, 625 (5th Cir. 2000)). 8 disease because he shook noticeably; Unduly question Mr. Belson about his medical appointments; Den[y] Mr. Belson leave to attend a doctor’s appointment at the VA, which exacerbated Mr. Belson’s knee problem and resulted in Mr. Belson needing knee surgery[.] In support of his claims, Plaintiff relies in large part on the testimony of his co- worker, Cemal Ozoral.
cited Cited as authority (rule) Coleman v. Commissioner, Social Security Administration
N.D. Tex. · 2021 · confidence medium
Accts., 168 F.3d 871, 874 (5th Cir. 1999)).
cited Cited as authority (rule) Lewis-Smith v. Baylor Regional Medical Center of Plano
E.D. Tex. · 2021 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999)). 1.
cited Cited as authority (rule) Marusak v. Intermodal Cartage Co., LLC
E.D. Tex. · 2021 · confidence medium
Accts. of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999)). a.
cited Cited as authority (rule) Wright v. Untd Parcel Srv
5th Cir. · 2021 · confidence medium
Accts. of Tex., 168 F.3d 871, 874 (5th Cir. 1999).
discussed Cited as authority (rule) Saketkoo v. Tulane University School of Medicine
E.D. La. · 2020 · confidence medium
Id. (citing Shepherd v. Comptroller of Public Accounts of the State of Texas, 168 F.3d 871, 873 (5th Cir. 1999) (footnote omitted)).121 Assuming that Saketkoo has put forward enough evidence that Lasky would not have treated her as he did “but for” her sex,122 Saketkoo has not established that 121 Because the Court finds that Saketkoo’s claim fails for other reasons, it does not address whether Saketkoo must set forth this element of the claim and whether Tulane may offer an affirmative defense. 122 And the Court has serious doubts about this point.
cited Cited as authority (rule) Hernandez v. Rush Enterprises, Inc.
E.D. Tex. · 2020 · confidence medium
Accounts of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999).
cited Cited as authority (rule) Hernandez v. Rush Enterprises, Inc.
E.D. Tex. · 2020 · confidence medium
Accounts of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999).
cited Cited as authority (rule) Hernandez v. Rush Enterprises, Inc.
E.D. Tex. · 2020 · confidence medium
Accounts of State of Tex., 168 F.3d 871, 874 (5th Cir. 1999).
Retrieving the full opinion text from the archive…
79 Fair empl.prac.cas. (Bna) 508, 75 Empl. Prac. Dec. P 45,801 Debra Jean Shepherd
v.
the Comptroller of Public Accounts of the State of Texas
98-20171.
Court of Appeals for the Fifth Circuit.
Mar 16, 1999.
168 F.3d 871
1999 U.S. App. LEXIS 4152
1999 WL 101383
Peter D. Costea, Houston, TX, for Plaintiff-Appellant., Jonathan Brian Morgan, Michael Winget-Hernandez, Austin, TX, for Defendant-Ap-pellee.
Jones, Smith, Garza.
Cited by 259 opinions  |  Published
Pinpoint authority: bottom 53%
EMILIO M. GARZA, Circuit Judge:

Debra Jean Shepherd (“Shepherd”) brought this action against her employer, the Comptroller of Public Accounts of the State of Texas (“Comptroller”), alleging a sexually hostile working environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Shepherd appeals the district court’s grant of the Comptroller’s Motion for Summary Judgment. We affirm.

I

Shepherd is employed by the Comptroller as a Tax Payer Service Person. Shepherd met co-worker Jodie Moore when he transferred into her office from a different agency. Shepherd became engaged to Moore’s brother-in-law, Darrell Gilmore, and Shepherd claimed in her deposition that Moore began to sexually harass her thereafter. According to Shepherd’s deposition, on one occasion Moore stood in front of Shepherd’s desk and remarked “your elbows are the same color as your nipples.” Shepherd testified that Moore remarked once “you have big thighs” while he simulated looking under her dress. Shepherd claimed Moore stood over her desk on several occasions and attempted to look down her clothing. According to Shepherd, Moore touched her arm on several occasions, rubbing one of his hands from her shoulder down to her wrist while standing beside her. Shepherd alleged additionally that on two occasions, when Shepherd looked for a seat after coming in late to an office meeting, Moore patted his lap and remarked “here’s your seat.” Shepherd testified that Moore never propositioned her, asked her out on a date, or suggested that he would like to sleep with her. The touching stopped when Moore was reassigned to a different agency. Shepherd affirmed that, apart from the above instances, she engaged in friendly discussions with Moore on almost a daily basis and had a friendly relation with him at work and outside of work.

The conduct about which Shepherd complains allegedly took place for almost two years. The Comptroller had a sexual harass[*873] ment policy in place that urged employees to report sexual harassment to their supervisors or to the Employee Assistance Liaison. After a year, Shepherd complained to her supervisor that Moore harassed her, although she did not mention the sexual nature of the harassment. Shepherd raised complaints about the sexual nature of the harassment immediately after receiving an unfavorable evaluation of her work product, and she blamed Moore for her poor performance. The Comptroller performed an investigation, and Moore denied the conduct. The investigation led to the transfer of Moore to a different location. Shepherd continues to work for the Comptroller.

Shepherd filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), alleging that discrimination based on sex created a hostile work environment in violation of Title VII. The EEOC issued Shepherd a right-to-sue letter, and Shepherd filed suit in state court. After the Comptroller removed to federal district court, the Comptroller moved for summary judgment, arguing that the facts did not rise to the level of actionable hostile work environment, and alternatively, that the Comptroller took prompt, effective remedial action once it learned of Shepherd’s allegations. The district court entered a final judgment against Shepherd from which she has timely appealed.

II

Title VII makes it “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 ... sex.” 42 U.S.C. § 2000e-2(a)(1). “[A] plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive working environment.” Mentor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 66, 106 S.Ct. 2399, 2405, 91 L.Ed.2d 49 (1986). There are five elements necessary to set forth a hostile environment claim: (1) that the employee belongs to a protected class; (2) that the employee was subject to unwelcome sexual harassment; (3) that the harassment was based on sex; (4) that the harassment affected a “term, condition, or privilege” of employment; and (5) that the employer knew or should have known of the harassment and failed to take prompt remedial action. See Jones v. Flagship Int’l, 793 F.2d 714, 719-20 (5th Cir.1986); see also Sharp v. City of Houston, 164 F.3d 923, 929 (5th Cir.1999) (stating that the fifth element remains undisturbed).

Shepherd contends that the district court erred in granting summary judgment. Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” FED.R.CIV.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986). In its motion for summary judgment, the Comptroller argued that there is no genuine issue of material fact regarding two elements of Shepherd’s claim. The Comptroller argued that the harassment did not affect a “term, condition, or privilege” of employment, and that it took prompt, effective remedial action once it learned of Shepherd’s allegations. On appeal, Shepherd challenges each of the arguments advanced by the Comptroller in favor of summary judgment. [1] We review a district court’s grant of summary judgment de novo, applying the same standard as the district court. See Duffy v. Leading Edge Prods., Inc., 44 F.3d 308, 312 (5th Cir.1995).

[*874] We turn to whether Shepherd has raised a genuine issue that Moore’s harassment affected a “term, condition, or privilege” of her employment. The Supreme Court explained in Mentor that, “[f]or sexual harassment to be actionable, it must be sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.’ ” 477 U.S. at 67, 106 S.Ct. at 2403 (citation omitted). Not all harassment will affect a term, condition, or privilege of employment. See id. The “ ‘mere utterance of an ... epithet which engenders offensive feelings in a employee’ does not sufficiently affect the conditions of employment.” Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 370, 126 L.Ed.2d 295 (1993) (quoting Meritor, 477 U.S. at 67, 106 S.Ct. at 2405). “A recurring point in [Supreme Court] opinions is that ‘simple teasing,’ offhand comments, and isolated incidents (unless extremely serious) will not amount to discriminatory changes in the ‘terms and conditions of employment.’ ” Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 2283, 141 L.Ed.2d 662 (1998) (citation omitted). Whether an environment is “hostile” or “abusive” is determined by looking at all the circumstances, including the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance. See Harris, 510 U.S. at 23, 114 S.Ct. at 371. To be actionable, the challenged conduct must be both objectively offensive, meaning that a reasonable person would find it hostile and abusive, and subjectively offensive, meaning that the victim perceived it to be so. See id. at 21-22, 114 S.Ct. at 370.

Whether Moore’s comments and actions rendered Shepherd’s working environment objectively “hostile” or “abusive” must be considered in light of the totality of the circumstances. Shepherd alleges that Moore’s harassing actions spanned a period of time over a year. Even if the conduct occurred with some regularity over this time period, we must also’consider the other factors that contribute to whether an environment is hostile. We agree with Shepherd that the comments made by Moore were boorish and offensive. The comments, however, were not severe. We find each comment made by Moore to be the equivalent of a mere utterance of an epithet that engender offensive feelings. See id. at 21, 114 S.Ct. at 370. In Admumilli v. City of Chicago, the Seventh Circuit considered averments of conduct similar to Moore’s, including several incidents that involved staring and unwanted touching between the elbow and shoulder. See Adusumilli, 164 F.3d 353, 357 (7th Cir.1998). The court noted that, “the most salient feature of the harassment is its lack of severity.” Id. at 361. The court concluded that the conduct was too tepid to amount to actionable harassment. See id. at 362. We find similarly that Moore’s stares and the incidents in which he touched Shepherd’s arm, although they occurred intermittently for a period of time, were not severe. None of Moore’s actions physically threatened Shepherd. Nor would Moore’s conduct interfere unreasonably with a reasonable person’s work performance. Furthermore, Moore’s actions did not undermine Shepherd’s workplace competence. See Butler v. Ysleta Indep. Sch. Dist., 161 F.3d 263, 269 (5th Cir.1998) (considering, in addition to the other factors, that “[a] plaintiff ... must show that implicit or explicit in the sexual content is the message that the plaintiff is incompetent because of her sex”).

“Title VII was only meant to bar conduct that is so severe and pervasive that it destroys a protected classmember’s opportunity to succeed in the workplace.” Weller v. Citation Oil & Gas Corp., 84 F.3d 191, 194 (5th Cir.1996), cert. denied, 519 U.S. 1055, 117 S.Ct. 682, 136 L.Ed.2d 607 (1997). Moore’s harassing actions, although offensive, are not the type of extreme conduct that would prevent Shepherd from succeeding in the workplace. See Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 2284, 141 L.Ed.2d 662 (1998) (“We have made it clear that conduct must be extreme to amount to a change in the terms and conditions of employment.”). We find, based on a consideration of all of the circumstances, that Moore’s conduct did not render Shepherd’s work environment objectively “hostile” or “abusive.”

Shepherd’s claim involves far less objectionable circumstances than those for which[*875] courts afford relief. Moore’s comments were not as frequent or as serious as comments that we have found to alter the work environment. See Farpella-Crosby v. Horizon Health Care, 97 F.3d 803, 806 (5th Cir.1996) (finding that frequent egregious comments about sexual proclivity created hostile environment); cf. Long v. Eastfield College, 88 F.3d 300, 309 (5th Cir.1996) (finding single joke involving condoms insufficient to create hostile environment). The touching of Shepherd’s shoulder is not the type of severe conduct that courts have found to create a hostile environment. See, e.g., Wattman v. International Paper Co., 875 F.2d 468, 478 (5th Cir.1989) (concluding hostile environment existed where female employee sexually groped repeatedly); Hall v. Gus Const. Co., 842 F.2d 1010, 1012 (8th Cir.1988) (finding hostile environment where male coworkers cornered women and rubbed their thighs, grabbed their breasts, and held a woman so that a man could touch her). There is no evidence of an atmosphere of sexual inequality at the Comptroller’s office. See DeAngelis v. El Paso Mun. Police Officers Ass’n, 51 F.3d 591, 596 (5th Cir.1995) (considering this factor when comparing cases). The Comptroller has a sexual harassment policy in place and educates new employees about the policy. Furthermore, Shepherd does not allege that supervisors or co-workers other than Moore engaged in the harassment. See id. (same). The comparison to other cases bolsters our conclusion that, based on the totality of the circumstances, Shepherd has not demonstrated a genuine issue that the harassment created a “hostile” or “abusive” working environment.

Viewing the harassment in light of existing caselaw, we hold that Shepherd has not raised a genuine issue that the harassment affected a “term, condition, or privilege” of employment. Thus, we do not reach the question of whether the Comptroller knew or should have known of the harassment and failed to take prompt remedial action. We AFFIRM the grant of summary judgment by the district court.

1

. We may affirm a grant of summary judgment on any ground raised to the district court and upon which both parties had the opportunity to present evidence. See Brown v. CSC Logic, Inc., 82 F.3d 651, 653-54 (5th Cir.1996). We are uncertain of the district court’s reasons for the judgment against Shepherd because the district court did not issue an opinion. Although district court judges are not required to specify a reason for a grant of summary judgment, we urge them to do so in order to allow the parties to focus their arguments on appeal. See Erco Indus. Ltd. v. Seaboard Coast Line R.R. Co., 644 F.2d 424, 434 (5th Cir.1981) ("the parties are entitled to know the reasons upon which the summary judgment was based in order to facilitate appellate review”).