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comparison at FMC. Although the district court expressed sympathy for Vickers'
situation, the district court found that Vickers pled no harassment or discrimination claim
under Title VII.
 Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating
against an individual "with respect to his compensation, terms, conditions, or privileges
of employment, because of such individual's race, color, religion, sex, or national origin."
42 U.S.C. § 2000e-2(a)(1). As is evident from the above-quoted language, sexual
orientation is not a prohibited basis for discriminatory acts under Title VII. However, the
Supreme Court has held that same-sex harassment is actionable under Title VII under
certain circumstances. See Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 82,
118 S.Ct. 998, 140 L.Ed.2d 201 (1998); see also Rene v. MGM Grand Hotel, Inc., 305
F.3d 1061, 1063 (9th Cir.2002) (en banc) ("[S]exual orientation is irrelevant for purposes
of Title VII. It neither provides nor precludes a cause of action for sexual harassment.").
Likewise, individuals who are perceived as or who identify as homosexuals are not
barred from bringing a claim for sex discrimination under Title VII. See Smith, 378 F.3d
 In order to establish a prima facie case of sex discrimination under Title VII, a
plaintiff must show (1) that he is a member of a protected class, (2) that he was subject to
an adverse employment decision, (3) that he was qualified for the position, and (4) that he
was treated differently than a similarly situated individual outside the protected class.
Humenny v. Genex Corp., 390 F.3d 901, 906 (6th Cir.2004). In order to bring a hostile
work environment sexual harassment claim, a plaintiff must show the following: (1) the
employee was a member of a protected class; (2) the employee was subject to unwelcome
sexual harassment; (3) the harassment complained of was based on sex; (4) the charged
sexual harassment created a hostile work environment; and (5) th...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08