Brown v. Daikin America Inc., No. 12-2955 (2d Cir. 2014)Annotate this Case
Plaintiff appealed the district court's dismissal of his original complaint against DIL and his amended complaint against DIL's wholly-owned subsidiary, Daikin America. Plaintiff, a white male of United States origin, alleged that DIL and Daikin discriminated against him on the basis of his race and national origin. Plaintiff claimed that, for discriminatory reasons, Daikin America did not consider terminating any of the Japanese rotational employees or any employees of Japanese national origin who had been hired directly by Daikin America. The court concluded that, under the standards articulated in Cook v. Arrowsmith Shelburne, Inc., plaintiff sufficiently alleged that DIL was part of a "single integrated enterprise" with Daikin America to be properly named as a codefendant; plaintiff plausibly alleged a claim of race and national origin discrimination against both defendants; and, therefore, the court vacated and remanded for further proceedings. The court affirmed the judgment of the district court dismissing plaintiff's breach of contract claim because he failed to allege that either defendant maintained a written policy of terminating employees only for cause.