Wang v. Gen. Motors, LLC
civil; Section 1981 race and ethnicity claim by a U.S. citizen employed in Shanghai by a GM affiliate (mandatory retirement at 60; denied transfer to the United States); GM's Rule 12(b)(6) motion granted as to the Section 1981 count (E.D. Mich.) (result: claimant-lost)
Facts
- 1 Persons protected by equal contractual rights not law
He became a naturalized United States citizen in 1999, and currently maintains only U.S. citizenship.
- 1 Persons protected by equal contractual rights not law
On or about July 1, 2009, GM transferred Plaintiff to a new job assignment at GMCIC as Senior Manager for Automotive Performance, Test and Validation in the Engineering Laboratories Department.
- 1 Persons protected by equal contractual rights not law
In his Complaint, Plaintiff alleges that he requested to "be transferred back to the United States if he was not allowed to continue to work in China" and "made several other contacts with GM in an effort to obtain a position back in the United States, but he was denied a transfer."
- 1 Persons protected by equal contractual rights not law
The Second Circuit held: " Section 1981's territorial limitation is defined by the location of the subject of the discrimination, not by the location of the decisionmaker."
- 1 Persons protected by equal contractual rights not law
The only discriminatory conduct Plaintiff has alleged in his Complaint and briefs (see Pl.'s Resp. Br. at 6, ECF No. 14 at Pg ID 137) occurred while he was outside the jurisdiction of the United States.
- 1 Persons protected by equal contractual rights not law
The Court concludes that § 1981 does not extend to such conduct and is therefore granting GM's motion to dismiss Plaintiff's § 1981 claim (Count III).