196 REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY Case 2 Rebecca was a resident ali

Question

196 REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY Case 2 Rebecca was a resident alien working as a structural engineer for Cover-the-Earth In- ternational Construction, a U.S.-based company headquartered in Dallas, Texas, that engages in commercial construction projects worldwide. She is a native of Canada and a permanent resident of the United States, and worked for Cover-the-Earth for three years on its Minot, North Dakota, project. She liked her coworkers and the Minot project, and it was conveniently located near her home in Manitoba, Canada. When that project completed, Rebecca was transferred to a new project in Riyadh, Saudi Arabia. was Within days of her transfer, Rebecca finds that Riyadh is a very different working envi- ronment from North Dakota. Many of the local workers refuse to respond to her instruc- tions. Additionally, the two coworkers with whom she has been assigned are constantly berating her for trying to work in a place where women are not wanted. One coworker constantly refers to her, often in her presence, as the "Canadian b_ h with the can't-do attitude," and tells the Saudi workers to just ignore her and she will go away. Despondent, Rebecca complains that she is being sexually harassed and demands that Cover-the-Earth transfer her to their project in the U.S. Virgin Islands. When the company re- fuses to do so, Rebecca threatens to file a sex discrimination complaint with the EEOC. a. Does Rebecca have a viable Title VI claim? Why or why not? b. If this happened to Rebecca in the U.S. Virgin Islands, would she have a viable Title VII claim? Why or why not? c. If Rebecca had been a U.S. citizen in Saudi Arabia would she have a viable Title VII claim? Why or why not?

Explanation / Answer

a) No, Rebecca does not have a viable Title VII claim. The extraterritorial application of law (Title VII) is valid only for U.S citizens working at locations outside U.S. Title VII is not valid for foreign nationals outside the boundaries of United States.

b) Yes, Rebecca will have a viable Title VII claim. Title VII covers foreign nationals working for U.S controlled companies in the U.S and its territories such as the Virgin Islands and Guam.

c) Yes, as explained in answer a, extraterritorial application of the law is valid for U.S citizens. U.S citizens working for the U.S controlled companies' offices outside the boundaries of United States are covered against discrimination of any form under Title VII. Please note, this is valid if host country where the person is working has laws that supersede Title VII.

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