912 F. Supp. 2d 96
S.D.N.Y.2012Background
- Plaintiff was employed by Daikin America, Inc. from 2003 until termination in 2009.
- He started as Business Manager in the Fluoro elastomers Unit, later becoming Business Manager in New Business Development (NBD) in 2007.
- Daikin Industries, Ltd. operates a rotational system sending executives to DAI for multi-year assignments; rotational employees are Japanese citizens.
- DAI reorganized the NBD Group, eliminating the group and laying off two Caucasian-American employees; one was retained, another reassigned.
- Plaintiff was terminated as part of this reorganization; DAI admits it did not consider rotational employees in the layoff and asserts it had no authority to terminate them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Termination discrimination based on race/origin | Plaintiff asserts termination targeted him due to race/national origin. | DAI claims rotationals were not subject to termination authority and offers non-discriminatory reasons. | Discrimination claim based on termination survives; others dismissed. |
| Excessive scrutiny as adverse action | Increased scrutiny constituted discrimination. | Excessive scrutiny is not an adverse employment action. | Dismissed as a standalone adverse action. |
| Transfer to NBD Group as adverse action | Transfer altered terms/conditions to a materially worse status. | Transfer was a lateral move with no pay/title/benefit reductions. | Disputed; summary judgment denied; issues of pretext and authority remain for jury. |
| Failure to promote | Failure to promote discrimination occurred, linked to treatment of non-Japanese employees. | Not adequately raised in EEOC charge; not argued in opposition; credentials not shown to be superior. | Dismissed for lack of EEOC notice and failure to argue; abandoned in briefing. |
| Breach of employment contract | Internal memorandum created a fixed-term employment contract. | Document is a staffing memo for a fixed-term project, not a contract. | Dismissed; no genuine contract formed. |
Key Cases Cited
- Weinstock v. Columbia Univ., 224 F.3d 33 (2d Cir.2000) (prima facie framework and burden shifting in discrimination cases)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S.2000) (pretext framework and ultimate burden on plaintiff)
- Lucenti v. Potter, 432 F. Supp. 2d 347 (S.D.N.Y.2006) (salient for determining adverse actions and scrutiny claims)
- Galabya v. N.Y.C. Bd. of Educ., 202 F.3d 636 (2d Cir.2000) (adverse effects of transfer may constitute discrimination)
- St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (U.S.1993) (burden shifting after prima facie case in discrimination cases)