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At first (and second) glance, the United States Court of Appeals for the 5th Circuit’s recent en banc opinion in Equal Employment Opportunity Commission v. Boh Brothers Construction appears to be just what the courts always deny doing: imposing a civility code upon a workplace. A more dispassionate reading of the opinion lends itself to this simple conclusion: there are limits to what a jury will countenance, even among men at a construction site.

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