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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

Source: U.S. Equal Employment Opportunity Commission

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