The Use of the Term 'Boy' as Evidence of Race Discrimination: Apparently the 11th Circuit Didn't Get the Memo?

16 Pages Posted: 14 Mar 2011 Last revised: 29 Mar 2011

Date Written: November 11, 2010

Abstract

In an unusual and interesting case, the 11th Circuit decision was appealed to the U.S. Supreme Court, the Supreme Court rendered a decision remanding the case with guidance, and upon remand, the 11th Circuit virtually ignored the Court's guidance and went its own way. The Supreme Court determined that the term "boy," when used in referring to an adult African American male, can, under certain circumstances, be evidence of race discrimination. Despite the evidence, the 11th Circuit on remand did not find such circumstances to be present in this case. The decision is not only peculiar in its decision to give only lip service to the Supreme Court's guidance, but also in its staunch refusal to recognize the vestiges of the stark historical realities of the three southern states within the circuit.

Keywords: race, race discrimination, Title VII, Civil Rights Act, Civil Rights Act of 1964, derogatory words, workplace, boy, derogatory terms

Suggested Citation

Bennett-Alexander, Dawn D., The Use of the Term 'Boy' as Evidence of Race Discrimination: Apparently the 11th Circuit Didn't Get the Memo? (November 11, 2010). Available at SSRN: https://ssrn.com/abstract=1785095 or http://dx.doi.org/10.2139/ssrn.1785095

Dawn D. Bennett-Alexander (Contact Author)

University of Georgia ( email )

Brooks Hall
Athens, GA 30602-6254
United States
706 3382293 (Phone)
7065422495 (Fax)

HOME PAGE: http://www.terry.uga.edu/~dawndba/

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