TITLE 42 - THE PUBLIC
HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
42 U.S.C. Section
2000e-1. Applicability to foreign and religious employment
(a) Inapplicability of
subchapter to certain aliens and employees
of religious entities
This subchapter shall not apply to an employer with respect
to
the employment of aliens outside any State, or to a
religious
corporation, association, educational institution, or
society with
respect to the employment of individuals of a particular
religion
to perform work connected with the carrying on by such
corporation,
association, educational institution, or society of its
activities.
(b) Compliance with
statute as violative of foreign law
It shall not be unlawful under section 2000e-2 or 2000e-3 of
this
title for an employer (or a corporation controlled by an
employer),
labor organization, employment agency, or joint
labor-management
committee controlling apprenticeship or other training or
retraining (including on-the-job training programs) to take
any
action otherwise prohibited by such section, with respect to
an
employee in a workplace in a foreign country if compliance
with
such section would cause such employer (or such
corporation), such
organization, such agency, or such committee to violate the
law of
the foreign country in which such workplace is located.
(c) Control of
corporation incorporated in foreign country
(1) If an employer controls a corporation whose place of
incorporation is a foreign country, any practice prohibited
by
section 2000e-2 or 2000e-3 of this title engaged in by such
corporation shall be presumed to be engaged in by such
employer.
(2) Sections 2000e-2 and 2000e-3 of this title shall not
apply
with respect to the foreign operations of an employer that
is a
foreign person not controlled by an American employer.
(3) For purposes of this subsection, the determination of
whether
an employer controls a corporation shall be based on -
(A) the interrelation
of operations;
(B) the common management;
(C) the centralized control of labor relations; and
(D) the common ownership or financial control,
of the employer and the corporation.
-SOURCE-
(Pub. L. 88-352, title VII, Sec. 702, July 2, 1964, 78 Stat.
255;
Pub. L. 92-261, Sec. 3, Mar. 24, 1972, 86 Stat. 103; Pub. L.
102-166, title I, Sec. 109(b)(1), Nov. 21, 1991, 105 Stat.
1077.)
