Employment Litigation · Primary-source case analysis

Patterson: A Promotion Plaintiff May Prove Pretext Without Showing Superior Qualifications

By Aneeta Mishra and Timothy Chan

Published May 21, 2026

Patterson v. McLean Credit Union reviewed race-based harassment, discharge, and promotion claims under the then-existing wording of 42 U.S.C. section 1981.

Contract formation defined the then-existing reach

The Court treated section 1981 as covering discriminatory contract formation and enforcement, while leaving postformation working conditions to other statutes.

Some promotions could create a new contract relationship

A promotion was actionable where it rose to a new and distinct relation between employee and employer.

The prima facie showing created an inference

Qualification, rejection, and selection of another applicant could require the employer to articulate a legitimate reason.

Pretext was not limited to comparative qualifications

The employee could use varied evidence to show the stated reason was not the true reason for the decision.

Key takeaways

• Identify the precise employment action and governing statute.
• Compare responsibilities and status before and after a promotion.
• Preserve all stated selection reasons and decision records.
• Develop every available form of pretext evidence.