Skip to main content

The Title VII Tug-of-War: Application of U.S. Employment Discrimination Law Extraterritorially

Posted by on Thursday, August 16, 2012 in Notes, Vol. 40 No. 3, Volume 40, Volumes.

Companies around the world increasingly are engaging in cross-border business transactions.  Globalization is a must if companies want to continue to be competitive in the marketplace—indeed it is an inevitable reality.  However, in the midst of this reality is another reality: the legal implications of establishing operations abroad.  Transnational expansion introduces companies to an interesting game of tug-of-war in which companies may find themselves torn between compliance with U.S. law and compliance with the laws of the host country.  This Note discusses this tug-of-war in the context of Title VII of the Civil Rights Act of 1964.  Over 15 years ago, it was debatable whether Title VII applied extraterritorially, but Congress has since answered this question in the affirmative.  However, one victory only created more hurdles.  These hurdles, for purposes of this Note, are the “employee question” and the “law question.”  With respect to the former, the basic question is: What is the proper scope of Title VII’s extraterritorial employee coverage?  With respect to the latter, the question is: What constitutes a conflict of “law” sufficient to permit an employer to avoid compliance with Title VII?  These are critical questions, the resolution of which is necessary in order to preserve Title VII’s effectiveness.  This Note offers suggestions as to how each question should be resolved.  Each resolution starts from the basic premise that Title VII can only go so far without sacrificing its effectiveness.  The challenge is recognizing Title VII’s limitations and finding alternative resolutions for those situations to which Title VII realistically cannot apply, and this challenge is precisely the objective of the Note.

Tags: , , , ,

Leave a Response


ExpressO Top 10 Law Review


ANNOUNCEMENTS

The Journal is pleased to announce its 2018-2019 Board of Editors. Complete-Masthead-2018-2019

Vanderbilt University Law School Professor Michael A. Newton’s 2016 VJTL Article entitled How the International Criminal Court Threatens Treaty Norms  was cited by the International Criminal Court prosecutor’s November 2017 filing seeking investigation into war crimes in Afghanistan.

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.