A recent employment discrimination case decided by a federal district court in Utah discussed the use of the term “boy” as a racial slur toward black employees. The Utah court, in making its decision, considered an Alabama case involving the same issue. Ultimately, the Utah court set out specific (though non-exhaustive) factors to consider in determining whether the use of the term could be viewed as evidence of racial animus.
Evans v. Coates Electrical & Instrumentation
In the Utah case of Evans v. Coates Electrical & Instrumentation,
a black apprentice electrician was placed with Coates Electrical by a
staffing agency. During an assignment, Evans was told by his supervisor
to obtain a tool from the toolshed where he was seen by the project manager.
The manager asked Evans what he was doing, and he explained that he was
following his supervisor’s orders. The project manager responded,
“Boy, you work for me.”
Evans told the manager that using the word was racially demeaning and
asked him not to use it toward him again. The project manager refused
and continued to use the term. Evans told the manager he would make a
complaint of race discrimination. At that point, Evans claims the project
manager said “Boy, take off that harness. You are out of here. You’re
fired.”
Use of the Term “Boy” Can Demonstrate Racial Animus
A question that has arisen time and again in the context of race discrimination
is the use of the term “boy” in a derogatory manner toward
African-Americans. In this case, the Utah court considered the five factors
articulated by the U.S. Supreme Court in Ash v. Tyson Foods, Inc. in determining
whether the use of the term was evidence of racial animus. Those five
factors, which is not an exhaustive list, include “context, inflection,
tone of voice, local custom, and historical usage.”
Considering the context of Evans’ claims, the term “boy”
was used by a supervisor and, immediately after the employee complained
about the racially offensive term, he was fired. Furthermore, as Evans
testified, the term was used in a very hostile and aggressive manner.
The manager allegedly “took 2-3 aggressive steps” toward him
in a confrontational way and his “face was consumed with extreme
anger.” As such, the context and tone of the situation support a
finding of racial animus.
Employer Argues Local Custom and Historical Usage Do Not Apply
The company argued that use of the term “boy” in Utah, unlike
Alabama for example, is not considered racist. The state of Utah is predominantly
white and, as such, does not have the same long history of using the term
in a derogatory manner toward black people. The federal court did not
find this argument compelling, pointing out that once the employee made
it clear to the project manager that it was racially derogatory he was
then put on notice.
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced
Birmingham employment law attorneys at Michel | King . You can
contact us either online or by calling us at (205) 265-1880. We are here
to serve you!