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BARNER v. PILKINGTON NORTH AMERICA, INC.

No. 03-4259.

399 F.3d 745 (2005)

Robert M. BARNER and Nathaniel Hayes, Plaintiffs-Appellants, v. PILKINGTON NORTH AMERICA, INC. and Frank Zemanski, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2005.

Attorney(s) appearing for the Case

ARGUED: Thomas A. Sobecki, Toledo, Ohio, for Appellants. Robert C. Ludolph, Pepper Hamilton LLP, Detroit, Michigan, for Appellees. ON BRIEF: Thomas A. Sobecki, Toledo, Ohio, for Appellants. Robert C. Ludolph, Michelle Motowski Lund, Pepper Hamilton LLP, Detroit, Michigan, for Appellees.

Before: GILMAN and SUTTON, Circuit Judges; McKEAGUE, District Judge.

OPINION

GILMAN, Circuit Judge.

In August of 1999, Robert Barner and Nathaniel Hayes, two African-American employees of Pilkington North America, Inc., began an apprenticeship program operated by their employer. They claim that they were denied training opportunities given to similarly situated white employees, and that their supervisor, Frank Zemanski, subjected them to verbal harassment and one instance of physical assault because of their race. In July...

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