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Tyson Discrimination Case

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Econ101

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Associated Press
Court Renews Racial Discrimination Case
By GINA HOLLAND , 02.21.2006, 11:15 AM


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The Supreme Court stepped into a dispute Tuesday over whether white managers can be sued for calling black employees "boys."

The court unanimously overturned an appeals court decision that said the term "boy" alone was not evidence of workplace discrimination.

The decision, one of the first actions with new Justice Samuel Alito, is a loss for Tyson Foods Inc. which was sued by two longtime black employees who claimed they were passed over for promotions by a white manager who called them "boys."

A jury awarded Anthony Ash and John Hithon $1.75 million apiece in damages, but a judge threw out the decision.

Ash had 15 years experience with Tyson Foods and Hithon 13 years. A white man who got a management job they sought at an Alabama plant had less than two years experience.

Eric Schnapper, a law professor at the University of Washington who is representing the men, told justices that the term "boy" is offensive and is considered a slur by other courts.

"This form of verbal abuse has its origins in the slave era," he wrote in the appeal.

The case returns to the 11th U.S. Circuit Court in Atlanta.

The lawyers for Tyson Foods said that evidence showed the manager "was rude and curt to all employees - white and black - but had never used racial epithets."

Ash and Hithon were among six people who sued under a 1964 civil rights law

The manager, Tom Hatley, had been brought in to fix problems at the Gadsden, Ala., plant which was losing as much as $250,000 a week, the company said.

Two white shift managers quit after he withheld their wage increases, and Ash and Hithon applied for the jobs.

The case is Ash v. Tyson Foods, 05-379.



Copyright 2005 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
 

Mike

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Was at the auction barn yesterday. Lee Pickett bought a 48850 lb. load of 7 1/2 weight calves. I joked with him about having to pay the Supreme Court.

He only cracked a smile.
 

Econ101

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agman said:
Econ101 said:
Feel a chill yet Agman?

None what so ever. Two completely different cases.

Oh, they are different cases but many similarities. The Supreme Court is seeing what is happening in the 11th circuit. Did you read the appellate decison Agman?

"......the non-movant must put forth more than a mere scintilla of evidence suggesting that reasonable minds could reach differing verdicts," and must show "a substantial conflict in the evidence....before a matter will be sent to the jury."

Boy that Carnes likes "mere scintilla". It allows him to substitute his judgement (or others who he agrees with) of the evidence for that of the jury. It is funny that he goes on to say,

"A motion for judgement as a matter of law will be denied only if reasonable and fair-minded persons in the exercise of impartial judgement might reach different conclusions."

Which is another opportunity to substitute the judgement of the court for that of the jury.

Agman, did this get an enbanc hearing?
 

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