Friday, August 27, 2010

He's not a Boy, He's a MAN!

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According to the 11th Circuit Court of Appeals, it is PERFECTLY ACCEPTABLE for a white man to call his Black employee "boy", that is is NOT an indication of racial animus!

Two successive Alabama juries had found in favor of John Hithon in the case of Ash vs. Tyson Foods, awarding him back pay, $300,000 in compensatory and $1 million in punitive damages. His claim was that he had been passed over for promotion in favor of less qualified white employees. The 11th Circuit Court of Appeals reversed the decision of the two juries.

One of the more shocking findings of the appeals court was that the use of the term "boy" towards Mr. Hithon WAS NOT racially significant, but instead was one of several "ambiguous stray remarks". At one point, the supervisor called Mr. Hithon "boy" in front of his wife, which prompted her to respond "He is not a boy, he's a MAN!"

Post racial America, my ass. The use of the term "boy" to infantilize and dehumanize Black men has a long history in this nation. So strong,in fact, that during the Civil Rights movement, Black men were often seen with signs reading "I am a Man" in protest of the habit Americans, particularly Southerners, had of referring to Black men as "boy". For the 11th Circuit Court of Appeals to IGNORE this long history of the use of "boy" as a derogatory, racist term is a travesty of justice.

The two judges who came to this conclusion, Judges Edward E. Carnes and William H. Pryor Jr, are both sons of the south, who obviously are familiar with the nasty history of the use of the term "boy" towards Black men. Yet, they STILL reached the decision that it is OK for the supervisor to refer to Mr. Hithon in this manner. They even had the AUDACITY to CHASTISE a lawyer for the plaintiff for attempting to elicit testimony drawing parallels between the use of the term "boy" and the N-word. It is REALLY time for the antiquated, racist attitudes of these two judges to be removed from our legal system.

Hopefully, the Supreme court will agree to review this case, and the decision of this court will be reversed.

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3 comments:

Reggie said...

I'm gonna have to throw the bullshit flag on this one!!!

Joanna said...

And Reggie, I am not really sure of the details, but I believe the supreme court had even told the court it had to rethink its decision that
"boy" was not racist, and they STILL came to this conclusion!

Francis L. Holland said...

This is an example of Federal judges telling Black and female plaintiffs to go fu . . . migate themselves. Many other courts have decided the opposite with the respect to this sort of color-aroused antagonist behavior by co-workers and managers, and other courts have ruled against systemically color-aroused workplaces.

The fact that they minimized the behavior, calling it "ambiguous stray remarks", just shows how much they have to manipulate their account of the trial record while trying to justify their decision.

I guess saying, "Boy, would you like to eat some watermelon and fried chicken before we take these nooses, hang you from a tree, and cut you big black dick off?" would also be considered a string of unrelated "ambiguous stray remarks." This could really raises the bar in the 11th Circuit if it's allowed to stand.

It's on a par with the Ledbetter case, where the US Congress had to legislate a solution for a class of women to whom the US Supreme Court had closed his doors.

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