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 Ash v. Tyson Foods, Inc. (U.S. 2006) Phelps Dunbar LLP - May 16, 2006 Two African American employees filed suit under Title VII
and Section 1981, alleging race discrimination arising from nonpromotions.
The plaintiffs were superintendents at a Tyson Foods
owned and operated poultry plant. They had sought promotions
to fill the two shift manager positions, but two white males had
been selected. Plaintiffs then filed suit in the Northern District
of Alabama. The jury returned a verdict for both plaintiffs.  Supreme Court Rejects "Slap You in the Face" Standard for Evaluating Qualifications Evidence in Discrimination Cases.Ford & Harrison LLP - March 02, 2006 In a significant employment related decision, the U.S. Supreme Court held that the Eleventh Circuit used an improperly vague standard in evaluating the evidence in a race discrimination case. Accordingly, the Court ordered the Eleventh Circuit to reconsider the evidence using a more precise standard. See Ash v. Tyson Foods Inc. (Feb. 21, 2006). The Court also held that the Eleventh Circuit was wrong when it held that a supervisor's use of the term "boy" in referring to the two African American employees who sued Tyson Foods was not evidence of discrimination because it was not modified by a racial classification.
Context Counts: The Word "Boy" May Be a Racial Epithet At Work.Littler Mendelson, P.C. - February 24, 2006 In a brief unanimous opinion, the United States Supreme Court ruled on February 21, 2006 in Ash v. Tyson Foods, Inc. that the word "boy" without any words modifying it, can be a racial epithet depending on the context, inflection, tone of voice, local custom, and historical usage.
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