Employment Discrimination by Foreign Multinational Enterprises Operating in the United States: Seeking Sanctuary from Title VII in Treaties of Friendship, Commerce and Navigation

12 Pages Posted: 29 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Gerald A. Madek

Bentley University - Department of Law

Date Written: October 27, 1994

Abstract

This article explores the parameters of the reach of U.S. equal employment opportunity law for non-U.S. companies operating in the U.S. Commercial agreements in the form of Treaties of Friendship, Commerce and Navigation were created to foster favorable conditions for direct foreign investment following World War II, and seek to provide equality of treatment between foreign and domestic workers. Cognizant that there are differing interpretations of the application of U.S. law to non-U.S. companies, the article explores the resolution of cases at the agency level, by the Equal Employment Opportunity Commission, up to resolution of cases by the United States Supreme Court. The authors conclude that U.S. law should apply and any exemptions thereto are to be construed in the narrowest possible way so as to promote the goals of equal employment in the U.S.

Suggested Citation

O'Brien, Christine Neylon and Madek, Gerald A., Employment Discrimination by Foreign Multinational Enterprises Operating in the United States: Seeking Sanctuary from Title VII in Treaties of Friendship, Commerce and Navigation (October 27, 1994). Business Law Review, Vol. 27, pp. 31-42, 1994 , Available at SSRN: https://ssrn.com/abstract=1495017

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

Gerald A. Madek

Bentley University - Department of Law ( email )

United States

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