Title VII of the Civil Rights Act of 1964 and the Multinational Enterprise

34 Pages Posted: 12 Apr 2011

See all articles by Janelle Marie Diller

Janelle Marie Diller

Graduate Institute of International and Development Studies, Geneva

Date Written: 1985

Abstract

This paper examines questions of international jurisdiction applied to discriminatory conduct of multinational enterprises (MNEs). It analyzes whether discriminatory conduct perpetrated abroad against U.S. citizens by MNEs possessing varying degrees of affiliation with the United States should be considered a legal wrong under Title VII of the Civil Rights Act of 1964, a United States law prohibiting employment discrimination on specified grounds. The analysis examines United States rules of statutory interpretation used to determine the extraterritorial scope of a United States statute, and analyzes the language, legislative history, and administrative interpretations of the statute for evidence of congressional intent regarding extraterritorial application as well as international jurisdictional issues concerned. Turning to discriminatory conduct occurring within the territory of the United States but related to the foreign activity of an enterprise, the paper considers the international legal issues involved in asserting U.S. jurisdiction over MNEs and concludes that, in such cases, only the discriminatory conduct of MNEs operating within certain organizational structures or under certain treaty provisions can qualify as a congressionally intended legal wrong under Title VII.

JEL Classification: F23, K33, K42

Suggested Citation

Diller, Janelle Marie, Title VII of the Civil Rights Act of 1964 and the Multinational Enterprise (1985). Georgetown Law Journal, Vol. 73, 1985, Available at SSRN: https://ssrn.com/abstract=1806612

Janelle Marie Diller (Contact Author)

Graduate Institute of International and Development Studies, Geneva ( email )

Maison de la Paix
Eugene-rigot 2
Geneva, Ontario CH-1211
Switzerland

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