Please read the text and then answer the questions. 1 3 Patterson v. McLean Credit Union, 491
Fantastic news! We've Found the answer you've been seeking!
Question:
Please read the text and then answer the questions.
Transcribed Image Text:
1 3 Patterson v. McLean Credit Union, 491 U.S. 164 (1989) A Black female employee alleged racial discrimination in violation of section 1981 in that she was treated differently from white employees and not promoted, on the basis of race. 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. Kennedy, J. Patterson, a Black female, worked for the McLean Credit Union (MCU) as a teller and file coordinator for 10 years. She alleges that when she first interviewed for her job, the supervisor, who later became the president of MCU, told her that she would be working with all white women and that they probably would not like working with her because she was Black. According to Patterson, in the subsequent years, it was her supervisor who proved to have the problem with her working at the credit union. Patterson alleges that she was subjected to a pattern of discrimination at MCU which included her supervisor repeatedly staring at her for minutes at a time while she performed her work and not doing so to white employ- ees; not promoting her or giving her the usually perfunc- tory raises which other employees routinely received; not arranging to have her work reassigned to others when she went on vacation, as was routinely done with other employees, but rather, allowing Patterson's work to accumulate during her absence; assigning her menial, non-clerical tasks such as sweeping and dusting, while such tasks were not assigned to other similarly situated employees; being openly critical of Patterson's work in staff meetings, and that of one other Black employee, while white employees were told of their shortcomings privately; telling Patterson that it was known that "Blacks are known to work slower than whites, by nature or, say- ing in one instance, some animals [are] faster than other animals"; repeatedly suggesting that a white would be able to perform Patterson's job better than she could; unequal work assignments between Patterson and other similarly situated white employees, with Patterson receiving more work than others; having her work scrutinized more closely and criticized more severely than white employ- ees; despite her desire to move up and advance," being offered no training for higher jobs during her 10 years This includes Title VII's limiting recovery to back pay, while section 1981 permits plenary compensatory and punitive damages in appropriate cases. Neither party would be likely to conciliate if there is the possibility of the employee recovering the greater damages permitted by section 1981. There is some overlap between Title VII and section 1981, and when conduct is covered by both, the detailed procedures of Title VII are rendered a dead letter, as the plaintiff is free to pursue a claim by bringing suit under section 1981 without resort to those statutory prerequisites. Regarding Patterson's failure to promote claim, this is somewhat different. Whether a racially discriminatory failure to promote claim is cognizable under section 1981 depends upon whether the nature of the change in posi- tions is such that it involved the opportunity to enter into 2 4 at the credit union, while white employees were offered training, including those at the same level, but with less seniority (such employees were later promoted); not being informed of job openings, nor interviewed for them, while less senior whites were informed of the positions and hired; and when another manager recommended to Patterson's supervisor a different Black to fill a posi- tion as a data processor, the supervisor said that he did not "need any more problems around here," and would "search for additional people who are not Black." When Patterson complained about her workload, she was given no help, and in fact was given more work and told she always had the option of quitting. Patterson was laid off after 10 years with MCU. She brought suit under 42 U.S.C. section 1981, alleging harassment, failure to promote and discharge because of her race. None of the racially harassing conduct which McLean engaged in involved the section 1981 prohibition against refusing to make a contract with Patterson or impairing Patterson's ability to enforce her existing contract rights with McLean. It is clear that Patterson is attacking condi- tions of employment which came into existence after she formed the contract to work for McLean. Since section 1981 only prohibits the interference with the making or enforcement of contracts because of race, performance of the contract is not actionable under section 1981. Section 1981's language is specifically limited to mak- ing and enforcing contracts. To permit race discrimina- tion cases involving post-formation actions would also undermine the detailed and well-crafted procedures for conciliation and resolution of Title VII claims. While sec- tion 1981 has no administrative procedure for review or conciliation of claims, Title VII has an elaborate system which is designed to investigate claims and work toward resolution of them by conciliation rather than litigation. a new contract with the employer. If so, then the employ- er's refusal to enter the new contract is actionable under section 1981. AFFIRMED in part, VACATED in part, and REMANDED. 1 3 Patterson v. McLean Credit Union, 491 U.S. 164 (1989) A Black female employee alleged racial discrimination in violation of section 1981 in that she was treated differently from white employees and not promoted, on the basis of race. 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. Kennedy, J. Patterson, a Black female, worked for the McLean Credit Union (MCU) as a teller and file coordinator for 10 years. She alleges that when she first interviewed for her job, the supervisor, who later became the president of MCU, told her that she would be working with all white women and that they probably would not like working with her because she was Black. According to Patterson, in the subsequent years, it was her supervisor who proved to have the problem with her working at the credit union. Patterson alleges that she was subjected to a pattern of discrimination at MCU which included her supervisor repeatedly staring at her for minutes at a time while she performed her work and not doing so to white employ- ees; not promoting her or giving her the usually perfunc- tory raises which other employees routinely received; not arranging to have her work reassigned to others when she went on vacation, as was routinely done with other employees, but rather, allowing Patterson's work to accumulate during her absence; assigning her menial, non-clerical tasks such as sweeping and dusting, while such tasks were not assigned to other similarly situated employees; being openly critical of Patterson's work in staff meetings, and that of one other Black employee, while white employees were told of their shortcomings privately; telling Patterson that it was known that "Blacks are known to work slower than whites, by nature or, say- ing in one instance, some animals [are] faster than other animals"; repeatedly suggesting that a white would be able to perform Patterson's job better than she could; unequal work assignments between Patterson and other similarly situated white employees, with Patterson receiving more work than others; having her work scrutinized more closely and criticized more severely than white employ- ees; despite her desire to move up and advance," being offered no training for higher jobs during her 10 years This includes Title VII's limiting recovery to back pay, while section 1981 permits plenary compensatory and punitive damages in appropriate cases. Neither party would be likely to conciliate if there is the possibility of the employee recovering the greater damages permitted by section 1981. There is some overlap between Title VII and section 1981, and when conduct is covered by both, the detailed procedures of Title VII are rendered a dead letter, as the plaintiff is free to pursue a claim by bringing suit under section 1981 without resort to those statutory prerequisites. Regarding Patterson's failure to promote claim, this is somewhat different. Whether a racially discriminatory failure to promote claim is cognizable under section 1981 depends upon whether the nature of the change in posi- tions is such that it involved the opportunity to enter into 2 4 at the credit union, while white employees were offered training, including those at the same level, but with less seniority (such employees were later promoted); not being informed of job openings, nor interviewed for them, while less senior whites were informed of the positions and hired; and when another manager recommended to Patterson's supervisor a different Black to fill a posi- tion as a data processor, the supervisor said that he did not "need any more problems around here," and would "search for additional people who are not Black." When Patterson complained about her workload, she was given no help, and in fact was given more work and told she always had the option of quitting. Patterson was laid off after 10 years with MCU. She brought suit under 42 U.S.C. section 1981, alleging harassment, failure to promote and discharge because of her race. None of the racially harassing conduct which McLean engaged in involved the section 1981 prohibition against refusing to make a contract with Patterson or impairing Patterson's ability to enforce her existing contract rights with McLean. It is clear that Patterson is attacking condi- tions of employment which came into existence after she formed the contract to work for McLean. Since section 1981 only prohibits the interference with the making or enforcement of contracts because of race, performance of the contract is not actionable under section 1981. Section 1981's language is specifically limited to mak- ing and enforcing contracts. To permit race discrimina- tion cases involving post-formation actions would also undermine the detailed and well-crafted procedures for conciliation and resolution of Title VII claims. While sec- tion 1981 has no administrative procedure for review or conciliation of claims, Title VII has an elaborate system which is designed to investigate claims and work toward resolution of them by conciliation rather than litigation. a new contract with the employer. If so, then the employ- er's refusal to enter the new contract is actionable under section 1981. AFFIRMED in part, VACATED in part, and REMANDED.
Expert Answer:
Related Book For
Employment Law for Business
ISBN: 978-1138744929
8th edition
Authors: Dawn D. Bennett Alexander, Laura P. Hartman
Posted Date:
Students also viewed these law questions
-
1. Read the case thoroughly and answer the questions that follow. 2. Use any relevant chapters as a guide to answer the questions. 3. Extra marks will be awarded for concise and clear answers 4....
-
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...
-
Given that y = x 2 , find the image of the curve y = x 2 after each of the following combinations of transformations. a. A stretch in the y-direction with factor 3 followed by a translation by the...
-
These parametric equations simulate two walkers, with x and y measured in meters and t measured in seconds. a. Graph their motion for 0 ( t ( 5. b. Give real-world meanings for the values of 1.4,...
-
Emily spent $135,000 to rehabilitate a building (adjusted basis of $90,000) that originally had been placed in service in 1935. a. What is Emily's rehabilitation expenditures tax credit? b. What...
-
Identify the unknown isotope \(\mathrm{X}\) in the following decays. a. \({ }^{234} \mathrm{U} ightarrow \mathrm{X}+\alpha\) b. \({ }^{32} \mathrm{P} ightarrow \mathrm{X}+\mathrm{e}^{-}\) c....
-
Hillside Furniture Company makes outdoor furniture from recycled products, including plastics and wood by-products. Its three furniture products are gliders, chairs with footstools, and tables. The...
-
For Retentech Inc., the current acquisition budget is $40 per prospect. The resultant acquisition rate is 30%. The profit margin from each acquired customer is $ 35 in the first year.The ceiling...
-
Spotman, a dry cleaning business, sold a machine for $3,000 on November 18th of the current year. The machine was purchased for $3,600. The company had taken $1,400 of depreciation deductions on the...
-
A legal doctrine that holds that the acts of an employee committed while performing duties are considered the acts of the employer. a. 1099 b. employment a t w ill c. employment c ontract d. employee...
-
The portion of the Civil Rights Act of 1964 that deals with discrimination in employment. a. Title VII b. exclusive remedy c. collective bargaining agreement d. ergonomics e. wildcat
-
A document that revokes, changes, or revises a will. a. benefi ciary b. bequest c. codicil d. decedent e. devise f. executor g. holographic will h. inter vivos i. intestate j. personal representative...
-
If a corporation has $85,000 in taxable income, what is its tax liability?
-
Indicate whether each of the following statements is true or false by writing T or F in the answer c olumn. In the event a collective bargaining agreement between a union and an employer is not...
-
Write an abstract on a research topic: The Benefits and Challenges of Agile Project Management Also need the whole research paper template
-
Hotel Majestic is interested in estimating fixed and variable costs so that the company can make more accurate projections of costs and profit. The hotel is in a resort area that is particularly busy...
-
A city is considering building a new museum. The local paper wishes to determine the level of support for this project, and is going to conduct a poll of city residents. Out of the sample of 120...
-
Sophie, the editor of the student newspaper, is going to conduct a survey of students to determine the level of support for the current president of the students' association. She needs to determine...
-
You are going to take a random sample of voters in a city in order to estimate the proportion who support stopping the uoridation of the municipal water supply. Before you analyze the data, you need...
Study smarter with the SolutionInn App