10.2190/IE.12.3.e 036KP35142322104 4 The Demise of the "Slap In the Face" Test: A Profound Change In Assessing Pretext Or Merely A Matter of Semantics? 239 247 20071017 20071017 20071017 20071017 036KP35142322104.pdf http://baywood.metapress.com/link.asp?target=contribution&id=036KP35142322104 3 Robert K. Robinson Ph.D., SPHR Walter D. Davis Ph.D. Geralyn Mcclure Franklin Ph.D. Nicole Forbes Stowell J.D. The University of Mississippi University of South Florida St. Petersburg In 2004 the <i>Journal of Individual Employment Rights</i> published an article about the "slap-in-the-face" standard for ascertaining employer pretext in disparate treatment cases arising under Title VII of the Civil Rights Act of 1964. In 2006, the Supreme Court of the United States explicitly declared that standard to be impermissible. This paper discusses the changes imposed by the Supreme Court's decision in <i>Ash v. Tyson Foods</i> and its implications for employers. The Court's decision may have a greater impact on the language used in analyzing pretext than it does on the process used by the courts to determine whether the complaining party has shown there are disparities in qualifications. This article examines the implications of the latest ruling for employer responsibilities during the selection process.