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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean credit unton 491 U. S. 164(1989) FACTS: Patterson, a black female, worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her Job, the supervisor, who later became the president of McLean Credit Union, told her that she would be working with all white women and they probably would not like working with her because she was black.
Patterson alleges that she was subjected to a pattern of discrimination and McLean Credit Union which included her upervisor constantly staring at her while she performed her work and not doing so to white workers; not promoting her or giving her perfunctory raises as enjoyed by other white workers and no reassignment to others when she went on vacation, openly being critical of her during meetings and telling Patterson that it was known that “black workers were known to work slower than white workers and by nature that some animals are faster than other animals”.
When Patterson complained of this differential treatment, the supervisor told her that her only option was to quit. Patterson after ten years, was laid off. Patterson brought suit under 42 USCS 1981, alleging harassment, failure to promote and discharge because of race. ISSSUE: Was the harassment, failure to promote and discharge because of race a violation of 42 USCS 1981? Law: 42 USCS Section 1981 states that “all persons within the Jurisdiction of the United States shall have the right in every State and Territory to make and enforce contracts as enjoyed by white citizens.
ANALYSIS: None of the racially harassing conduct which McLean engaged in nvolved the formation of contract. It is clear that the actions of McLean occurred after the formation of the contract. Since section 1981 is specifically limited to the “making and enforcing the contract”, the activities of McLean was post formation conduct. McLean did not prevent the formation of contract based on race. If Patterson can establish that the “promotion” could lead to another contract, then her denial of the promotion could be actionable. Since the acts of McLean occurred after the formation of the contract, McLean did not violate section 1981.