## Facts

- The Parker Group, Inc. (TPG) conducted political “get-out-the-vote” telephone campaigns, including some “race-matched” calls requested by clients.
- In race-matched campaigns, TPG assigned Black callers to call Black voters using one script and white callers to call white voters using a different script.
- TPG also physically separated callers by race into different rooms to facilitate supervision during race-matched projects.
- Shirley Ferrill, a Black temporary employee hired for pre-election staffing needs (Sept.–Nov. 1994), worked primarily on race-matched calls for a gubernatorial campaign.
- After the election, TPG laid Ferrill off as part of a reduction in force.
- Ferrill sued under 42 U.S.C. § 1981 alleging race discrimination in termination and in job assignments.
- The district court granted TPG summary judgment on the termination claim (accepting the reduction-in-force explanation) but granted Ferrill summary judgment on the job-assignment claim, despite finding TPG lacked racial hostility.
- A jury awarded Ferrill $500 compensatory damages and $4,000 punitive damages on the job-assignment claim.

## Issues

1. Whether an employer violates 42 U.S.C. § 1981 by assigning job duties explicitly based on race even without racial hostility.
2. Whether the evidence supported compensatory damages for emotional distress from race-based assignment and segregation.
3. Whether punitive damages were permissible absent proof of malice or reckless indifference to federally protected rights.

## Decision

- The Eleventh Circuit affirmed § 1981 liability for race-based job assignments, holding that intentional use of race in assignments is actionable even without racial hostility.
- The court treated TPG’s admitted race-matching and racial segregation practices as direct evidence of intentional disparate treatment in employment.
- The court affirmed the $500 compensatory damages award as supported by evidence of emotional harm and humiliation.
- The court reversed and vacated the $4,000 punitive damages award for lack of evidence that TPG acted with malice or reckless indifference to Ferrill’s federally protected rights.
- Disposition: affirmed in part and reversed in part.

## Legal Principles

- 42 U.S.C. § 1981 prohibits intentional race discrimination in the making and enforcement of employment contracts, including job assignments.
- § 1981 liability does not require proof of racial hostility; it is enough that the employer intentionally made decisions because of race.
- Customer preference does not justify intentional race-based job assignments.
- Compensatory damages under § 1981 may include emotional distress supported by credible evidence of humiliation or distress from race-based treatment.
- Punitive damages under § 1981 require proof the defendant acted with malice or reckless indifference to federally protected rights; intentional race-based action alone is insufficient without that state of mind.

## Conclusion

The Eleventh Circuit held that an employer’s explicit race-based job assignment and segregation practices constitute intentional discrimination under § 1981 even absent racial hostility, upheld a modest compensatory award for emotional harm, and set aside punitive damages because the record did not show malice or reckless indifference.


Ferrill v. Parker Grp., Inc., 168 F.3d 468 (11th Cir. 1999)