Weaver v. Casa Gallardo, Inc.

CLARK, Circuit Judge,

specially concurring:

I cannot concur in the majority’s conclusion that the Supreme Court’s holding in Patterson v. McLean Credit Union1 compels our court to determine that discriminatory discharges of employees by employers are not covered by 42 U.S.C. § 1981. Patterson held that racial harassment in the workplace is conduct not covered by the statute. The case did not involve a discriminatory discharge.2

The Court in Patterson, as a prelude to deciding the issue before it, reconsidered its opinion and holding in Runyon v. McCr-ary 3 and adhered to it. Runyon had…