An American employer cannot transfer an employee to another country in order to disadvantage the employee because of race, color, sex, religion, national origin, age, or disability. For example, an employer may not transfer an older worker to a country with a mandatory retirement age for the purpose of forcing the employee's retirement.

What U.S. EEO Laws Cover

The federal EEO laws enforced by the EEOC are Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA). These laws prohibit covered employers from discriminating on the bases of race, color, sex, national origin, religion, age, and disability. Examples of conduct prohibited include:

• Discriminatory Employment Decisions
  Title VII, the ADEA, and the ADA prohibit discrimination in all aspects of the employment relationship, including recruitment, hiring, assignment, transfer, firing, layoffs, and other conditions or privileges of employment.
• Discrimination in Compensation and Benefits
  Title VII, the ADEA, and the ADA prohibit discrimination in compensation based on race, color, sex, national origin, religion, age, and disability. In addition, the EPA prohibits pay discrimination between men and women who are performing substantially equal work. Although the EPA does not apply outside the United States, such claims are covered by Title VII, which also prohibits discrimination in compensation on the basis of sex.
• Harassment
  Title VII, the ADEA, and the ADA also prohibit offensive conduct that creates a hostile work environment based on race, color, sex, national origin, religion, age, and disability. Employers are required to take appropriate steps to prevent and correct unlawful harassment and employees are responsible for reporting harassment at an early stage to prevent its escalation.
• Retaliation
  Title VII, the ADEA, the ADA, and the EPA prohibit employers from retaliating against employees because they have opposed unlawful discrimination or participated in a discrimination related proceeding.

Need More Information?

For more detailed information, including a comprehensive discussion of these and other issues, please see:

• EEOC's website at www.eeoc.gov for detailed information on EEO laws. Go to Laws, Regulations and Policy Guidance for Compliance Manual Sections and Enforcement Guidance.
• EEOC's Compliance Manual Section on Threshold Issues.
• EEOC Enforcement Guidance, Application of Title VII and the Americans with Disabilities Act to Conduct Overseas and to Foreign Employers Discriminating in the United States(1993).
• EEOC Policy Guidance, Application of the Age Discrimination in Employment Act of 1967 and the Equal Pay Act of 1963 to American Firms Overseas, Their Overseas Subsidiaries, and Foreign Firms (1989)
• EEOC Policy Guidance: Analysis of the sec. 4(f)(1) 'foreign laws' defense of the Age Discrimination in Employment Act of 1967.
• To be automatically connected to an EEOC field office, call: 1-800-669-4000; TTY 1-800-669-6820
• For more information on EEO law in other countries, see e.g.,:
  • Directorate General for Employment and Social Affairs for the European Union;
  • Canadian Human Rights Commission;
  • UK Equal Opportunities Commission;
  • UK Disability Rights Commission;
  • UK Commission on Racial Equality; and
  • Hong Kong Equal Opportunity Commission