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U.S. Code as of:
01/19/04
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.
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