Payne was employed as a seasonal worker at McLemore's fertilizer plant; he had worked in that position for 5 years. Payne was always laid off at the end of the busy season, and then recalled again later in the year when the season began again. After Payne, who was black, was laid off in the fifth year, he became active in the local civil rights organization. One of the actions of the civil rights organization was to urge local employers to hire and promote blacks to more responsible positions. To bring pressure on the local employers, the organization began a boycott against local retailers, including several stores owned by McLemore. After the start of the boycott, Payne was not recalled by McLemore's fertilizer plant when the season began again. Payne filed suit against McLemore, alleging a violation of Title VII because he was not recalled due to his civil rights activities