Employment Discrimination and the InternationalWorkplace: A Review of Recent US Court Rulings

摘要

The extraterritoriality clause in the Civil Rights Act of 1991 amended Title VIIand the ADA to include employment discrimination protection for US citizens workingabroad for US employers. A review of recent court rulings demonstrates an absence oflawsuits involving alleged violations of the extraterritorial provision. Instead, recent casesshow that Americans working outside of the US are filing charges against foreignemployers rather than US employers and applying state level employment statutes ratherthan federal legislation. In addition, non US citizens are exhibiting a trend toward invokingUS federal and state statutes against US employers. These cases are reviewed andimplications discussed for managing employment relations in an increasingly internationalworkplace.