Applicability to Foreign Employment and Domestic Employment
The following is explained as to how it is applied to foreign employment and domestic employment:
Exemption for certain aliens and religious employees from the application of the subchapter: Employers who hire aliens outside of any state are exempt from the provisions of this subchapter; similarly, religious institutions, associations, educational institutions, and societies whose operations involve the employment of others who belong to a particular faith are exempt.
Foreign law violated by compliance with the statute: If compliance with this section would cause an employer, such organization, such employment agency, or such committee to violate the laws of a foreign country in which an employee is employed, taking any action otherwise prohibited by this section shall not be prohibited.
Incorporation of foreign corporations in other countries: When an employer controls a foreign company, any prohibited activity involving such a company shall be presumed to be activated by the employer as well. An employer whose foreign operations are under the control of a foreign person other than a U.S. employer shall not be subject to the provisions of sections 2000e-2 and 2000e-3 of this title. In determining if an employer controls a corporation, we consider the relationship between the corporation’s operations, management, and labor relations, and equal ownership and control of their finances.
Employing Illegal Methods
The following are unlawful employment practices:
Employer practices: Employers who violate this provision are violating the law.
Discrimination against an individual because of his race, color, religion, sex, or national origin may involve failure or refusal to hire or discharge that individual or another disregard for that individual’s compensation, terms, conditions, or privileges of employment.
Insufficient training of the employees may result in them being subject to unnecessary limitations, discrimination, or classification that may obstruct employment opportunities for any individual or adversely affect his status as an employee due to an individual’s race, color, religion, sex, or national origin.
Practices employed by employment agencies: Employers may not refuse to recommend to an employer or otherwise discriminate against a person based on race, color, religion, sex, or national origin, or classify or refer to an employer based on race, color, religion, sex, or national origin.
Organizational practices in labor: Labor organizations may not engage in any of the following unlawful employment practices:
A person based on his race, color, religion, sex, or national origin is excluded from membership, expelled, or otherwise discriminated against;
By limits, segregation, or classification of its members or applicants for membership, or by failure or refusal to refer or hire any individual in a manner that would deprive limit, or otherwise adversely affect his status as an employee or applicant for employment;
To violate this section by causing or attempting to cause workplace discrimination against an individual.
Programs for training: The practice of discriminating against people based on their race, color, religion, sex, or national origin in admission to or employment in programs established to provide apprenticeships or other training is unlawful employment.
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