1. Do you think justice was served in this case? Explain. Why do you think Patterson waited so long to sue?

2. If you had been the manager when Patterson initially interviewed, would you have made the statement about whites not accepting her? Why or why not?

3. When looking at the list of items Patterson alleged McLean engaged in, do any seem appropriate? Why do you think it was done or permitted?

Issue: Whether Section 1981 permits an action for race discrimination after the making of an employment contract, during its performance stage.

Facts: A black female alleged a long list of actions over the course of her employment amounting to racial discrimination in violation of Section 1981 in that she was treated differently from white employees and not promoted, on the basis of race.

Decision: The court held that Section 1981 was not available to address this problem since the case did not involve the making of a contract, but rather, its performance.