Yes, I think justice was served in the Patterson v. McLean Credit Union case. Although the case was not filed sooner, it was evident to the court that Patterson’s employer did not “ensure that everyone has an equal chance at the job, based on qualifications” (Bennett-Alexander & Hartman, 2015, pg. 75) resulting in the case being “nullified by the Civil Rights Act of 1991 (Bennett-Alexander & Hartman, 2015, pg. 124) which “overturned Patterson’s holding that section 1981 does not permit actions for racial discrimination during the performance of the contract but only in making or enforcing the contract …show more content…
(Bennett-Alexander & Hartman, 2015, pg. 124).
There are a number of possible reasons Patterson waited so long to sue which include, lack of knowledge regarding her right under the law, fear of retaliation, financial obligations to family or fear of a lengthy process filled with uncertainty. In reading the case, I feel strongly that any combination of these factors played a role in why Patterson waited so long to sue. The fact that Patterson waited 10 years to file a lawsuit also helped the case as the pattern of discriminatory actions is evident. A lawsuit based on an isolated incident, is often more difficult to prove.
2.
How would your interview with Patterson be different if you were the manager? What have you learned from this case regarding the interview process?
Had I been the manager conducting the interview with Patterson, I would have made a conscious effort to avoid discriminatory questions and comments such as that alleged by Patterson who claims the supervisor “told her that she would be working with all white women and that they would not like working with her because she was black” (Bennett-Alexander & Hartman, 2015, pg. 133). Questions and comments regarding race, color, gender, national origin, or religion other than those listed on the employment application are unacceptable.
I have learned that it is incumbent upon employers to ensure strict non-discrimination policies and procedures are in place and that supervisors conducting interviews are well informed and abiding by such policies at all times in order to protect against discrimination claims. Questions and comments during the interview process should be relevant to the skills and tasks associated with the position.
3. Do any of the actions Patterson alleged McLean engaged in seem appropriate? Why do you think it was done or
permitted?
I believe the list of actions Patterson alleged McLean engaged in seem appropriate. The list of claims made by Patterson is extensive but perhaps what makes the claims seem most appropriate is the sheer fact that Patterson held the same position for 10 years and “despite her desire to move up and advance, being offered no training for higher jobs during her 10 years at the credit union” (Bennett-Alexander & Hartman, 2015, pg. 133) while other “white employees were offered training” (Bennett-Alexander & Hartman, 2015, pg. 133) and later promoted.
I think the discriminatory actions against Patterson took place because effective workplace policies were not implemented and enforced and Patterson’s supervisor was not being monitored properly to ensure fair treatment of all employees. Patterson also did not pursue corrective action against her supervisor by filing a report with the appropriate department prior to suing the company.