FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Legal Services | |
|
(310) 492-5757
|
|
Dealing with Multinational Employers
Work Outside the United States
Individuals who are not U.S. citizens are not protected by U.S. EEO laws when employed outside the U.S. or its territories. Consult your embassy to determine whether EEO laws for other countries exist and whether they apply to your situation.
U.S. citizens who are employed outside the U.S. by a U.S. employer - or a foreign company controlled by an U.S. employer - are protected by Title VII, the ADEA, and the ADA.
Example: Isaac is an African-American U.S. citizen working in Africa for a U.S. employer as a customer service manager. Isaac alleges race discrimination after he was transferred to a less desirable and less public position. The new position involved a loss of pay and lack of upward career mobility opportunities. The employer admitted that it transferred Isaac because its predominantly white customers did not want to deal directly with non-whites. Customer preference is never a defense to violations of U.S. EEO law. The transfer violates Title VII.
Whether a Company is a U.S. Employer or Controlled By a U.S. Employer
An employer will be considered a U.S. employer if it is incorporated or based in the United States or if it has sufficient connections with the United States. Several factors help determine whether a company has sufficient connections with the U.S., including the company's principal place of business and the nationality of its dominant shareholders and management. Whether a foreign company is controlled by a U.S. employer will depend on the interrelation of operations, common management, centralized control of labor relations, and common ownership or financial control of the two entities. For more information, see http://www.eeoc.gov/docs/threshold.html#2-III-B-3-c
FAQs
- What should I do if I think I have been discriminated against in violation of the law?
- What is the National Labor Relations Act?
- May an employer run a background check on an applicant?
- What is 42 U.S.C. Section 1981?
- What is the Age Discrimination in Employment Act?
Employees' Rights Resources
Helpful tools and forms available for purchase.A better way to find your attorney.
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service