MARCH 2006

II. JUDICIAL UPDATES

U.S. Supreme Court Holds That the Term “Boy” May Constitute Evidence of Racial Animus

In Ash v. Tyson Foods, Inc., two African-American employees (“Employees”) sought promotions to fill open shift manager positions, but two white males were selected instead. Employees alleged that Tyson discriminated on account of race, and asserted that the individual who made the hiring decisions had referred to each of them as “boy.” Employees argued that this was evidence of discriminatory animus.

After Employees were awarded damages at trial, the trial court reversed the verdict and found in favor of Tyson.
The U.S. Court of Appeals reversed, holding that “Although it is true the disputed word [boy] will not always be evidence of racial animus, it does not follow that the term, standing alone, is not always benign. The speaker’s meaning may depend on various factors including context, inflection, tone of voice, local custom, and historical usage.”

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