United States Second Circuit

Dismissal of plaintiff's complaint alleging that defendants discriminated against him on the basis of his race and national origin in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law (NYSHRL), when they terminated his employment as a part of a workforce reduction, is: 1) vacated in part and remanded, where plaintiff sufficiently alleged that defendant-corporate parent was part of a single integrated enterprise with its American subsidiary to be properly named as a co-defendant in the discriminatory discharge suit, and plaintiff plausibly alleged a claim of race or national origin discrimination against both the corporate parent and the subsidiary; but 2) affirmed in part, where because plaintiff has not alleged the existence of an express written policy limiting either defendants' authority to terminate his employment without cause, plaintiff failed to state a claim for breach of implied contract.

Appellate Information

• Decided 06/27/2014
• Published 06/27/2014

Judges

• CARNEY

Court

• United States Second Circuit

Counsel