The case of Anthony Ash et al. v. Tyson Foods, Inc., 2005 revolves around allegations of racial discrimination in the workplace under Title VII of the Civil Rights Act of 1964. The plaintiffs, Anthony Ash and John Hithon, both African American employees at Tyson Foods' Gadsden, Alabama facility claimed that they were passed over for promotions due to their race as white individuals were selected instead for multiple job advancements. They also alleged a hostile work environment due to racially insensitive comments made by management personnel. Initially, a jury found in favor of the plaintiffs but an appellate court reversed this decision stating there was insufficient evidence proving that race was a factor in promotion decisions or creating a hostile work environment. However, upon reaching the Supreme Court level it was ruled that certain derogatory terms used by supervisors could indeed indicate racial animus even if not directed specifically towards the complainants during decision-making processes about promotions.

In the dissenting opinion for Anthony Ash et al. v. Tyson Foods, Inc., Justice Clarence Thomas argued that the majority's decision to reverse and remand was based on an incorrect interpretation of a key term in employment discrimination law: "similarly situated." He contended that the court had failed to provide clear guidance on how this term should be interpreted, leading to confusion and inconsistency in lower courts' decisions. Furthermore, he disagreed with the majority's view that racial bias could be inferred from ambiguous statements or actions by supervisors; instead, he believed such inference required more concrete evidence of discriminatory intent. Lastly, Justice Thomas criticized his colleagues for second-guessing jury verdicts without sufficient justification.