Monday, September 6, 2010
As most readers know, Ash v. Tyson is the case in which the Supreme Court reverse the Eleventh Circuit and held that "boy" could actually have racial overtones even if not modified by "black" or "white," and that a plaintiff can present evidence that he or she had superior qualifications to another person who was chosen for a job the plaintiff applied for, even if the evidence didn't "jump of the page and slap you in the face." Despite this reversal and two juries finding for the plaintiffs, the Eleventh Circuit has again held that no reasonable jury could find that "boy" indicated racial discrimination. This saga has begun to attract a fair amount of attention--again--particularly among those who have lived in the South and other areas where the term "boy" is unfortunately well know as a racial slur.
Stephen Bright (Southern Poverty Law Center and currently a visitor at my school, Tennessee) was quoted in the New York Times on this case and has written a short piece on the Eleventh Circuit and the word "boy." It's well worth the read (click here for it:
Download Bright Article).