Do Title VII and Section 1981 prohibit discrimination as to all 'terms,' 'conditions,' or 'privileges' of employment, or are they limited to 'significant' discriminatory employer actions only?

QUESTION PRESENTED Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to” the person’s “compensation, terms, conditions, or privileges of employment” on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a)(1). Section 1981 of Title 42 provides “[a]ll persons” in the United States “the same right” “to make and enforce contracts” as is “enjoyed by white citizens,” including “the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.” 42 U.S.C. § 1981(a)-(b). The Eleventh Circuit held below that these prohibitions do not bar an employer from suspending an employee with pay because of his race. In its view, an employer who suspends an employee because he is Black is liable only if the suspension results in a loss of pay or is “similarly significant.” The question presented is: Do Title VII and Section 1981 prohibit discrimination as to all “terms,” “conditions,” or “privileges” of employment, or are they limited to “significant” discriminatory employer actions only?