In EEOC v. BOH Brothers Construction Co., LLC, the Fifth Circuit held that a male supervisor calling a male subordinate "faggot" and "princess," mimicking sexual acts, and exposing himself to the subordinate did not constitute unlawful sexual harassment under Title VII. Title VII protects harassment as a form of sex discrimination. To recover for sexual harassment, a plaintiff must first prove that the alleged conduct constitutes sexual discrimination before the court determines whether the conduct created a hostile work environment. According to the court, the only evidence that plaintiff presented of possible gender-based or sexual-stereotyping discrimination was the supervisor mocking plaintiff because he used "Wet Ones" instead of toilet paper. The court admitted that this comment "did not strike us as overtly feminine." Further, the court pointed out that the supervisor and other employees routinely engaged in this type of "misogynistic and homophobic" banter and that plaintiff was not the only recipient of the comments and conduct.
Ultimately, the court held that plaintiff's evidence was insufficient to support a claim of discrimination, as a threshold issue, and therefore harassment under Title VII. It acknowledged that the alleged conduct was unprofessional – calling the alleged harasser a "world-class trash talker" and "the master of vulgarity" – but emphasized that its role is not to "clean up the language and conduct of construction sites" and that Title VII is not "a general civility code for the American workplace."