Ash v. Tyson Foods, Inc., 546 U.S. 454, 126 S. Ct. 1195 (2006) (per curiam)

Anthony Ash and John Hithon, two African-American poultry plant superintendents, unsuccessfully sought promotion to shift manager positions; instead, two white males were selected. The employer filed a motion for judgment as a matter of law after a jury found in favor of Ash and Hithon. The district court granted the motion and, in the alternative, ordered a new trial as to both plaintiffs. The Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part. However, the United States Supreme Court vacated the judgment and remanded the case for further consideration. The Supreme Court held the Court of Appeals had erred in concluding that the use of the word “boy” (not modified by “black” or “white”) could not be evidence of race discrimination. Cf. Cornwell v. Electra Central Credit Union, 439 F.3d 1018 (9th Cir. 2006) (court properly dismissed retaliation and termination claims, but not claim that demotion resulted from race discrimination).