Here, a Federal Court granted the credit union’s motion for summary judgment and dismissed Plaintiff’s claim that the credit union had discriminated against her by failing to promote her to a higher position.

This case had traveled extensively throughout various federal courts and was previously sent back to this court from the U.S. Supreme Court.

In this case, Brenda Patterson was employed by McLean Credit Union as an “account junior.” Another position opened and was filled by co-worker Williamson, another “account junior” who had less seniority and who was white. Patterson is black and maintained that the failure to promote her to the new position was due to her race.

Williamson was promoted to “account intermediate”, given new job duties and a small increase in salary. She was not, however, elevated to a supervisory position.

The U.S. Supreme Court previously reviewed this case, and held that a promotion claim is actionable if:

. . . the nature of the change in position [contemplated by the promotion] was such that it involved the opportunity to enter into a new contract with the employer.

Here, Patterson was not able to present any evidence that the lateral change in Williamson’s position to an “account intermediate” established an opportunity to enter into a new contract between the credit union and Williamson.

Although Williamson’s salary increased somewhat and her job duties changed, those changes alone did not establish an actionable claim for the credit union’s failure to promote this employee. The court dismissed the employee’s suit. Patterson vs. McLean Credit Union, U.S. District Court, M.D.N.C., Case No. C-84-73-WS).

Author: Charles R. Harroun, Attorney at Law