This section contains the nature of the case and procedural background.

D is a telephone marketing corporation, often hired to perform work for political candidates in making 'get-out-the-vote' calls for various political candidates. Approximately 10% of such calling is race-matched, such that black voters are called by black D employees who use the 'black' script, while white voters are called by white D employees who use a 'white' script. Race-matched calling is used only when specifically requested by customers. During race-matched calling to facilitate supervision, D physically segregated employees. Black callers were segregated into one room, and white callers were segregated into another. P, an African-American woman, was hired to work primarily on Jim Folsom's gubernatorial campaign, making race-matched 'get-out-the-vote' calls. Ferrill was laid off during a 'reduction in force' (RIF) immediately after the election. P filed this action under 42 U.S.C. § 1981 alleging race discrimination in her termination and job assignment. P and D filed cross-motions for summary judgment. The District Court granted D's Motion on the unlawful termination claim because P failed to rebut D's proffered legitimate nondiscriminatory reason for the termination, namely, a RIF. The District Court granted P's Motion for Summary Judgment on the unlawful job assignment claim. D appeals this grant of summary judgment to P. The jury awarded P $500 in compensatory damages and $4000 in punitive damages. D also appealed this award of compensatory and punitive damages.

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