This week’s inquiry comes from a 2010 article titled “American Employment Law Applies in Foreign Countries,” by John Howard Torrance-Nesbitt. The article is about discrimination litigation regarding U.S. citizens applying for employment with American employers or for employment with American-controlled foreign employers.
The question is from a comment by Joe Lee and Amybeth forwarded it to me:
What about foreign corporations recruiting Americans for foreign employment? Can a foreign company recruit from the Internet in the United States and say no one over 40 may apply ( protected class)?
Delighted to answer . . .
. . . with ABSOLUTELY NOT!
Title VII of the United States Civil Rights Act of1964, as amended by the Age Discrimination in Employment Act of 1967 clearly prohibits “over 40 need not apply” or any similar pre-employment barrier.
There is no difference with regard to the protective labor laws that apply to a foreign entity that employs someone in the United States. Virtually all federal, state and local laws (whether statutory or judicially determined) as well as any government administrative rulings apply.
So employment discrimination, wage and hour, workplace safety, and other mandates are enforced just a though the employer was in the state where the employee resides.
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Hope this answers the question.
Happy New Year!
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