Foreign multinational enterprises operating in the United States seek sanctuary from Title VII employment discrimination charges in treaties of friendship, commerce, and navigation

Foreign multinational enterprises operating in the United States seek sanctuary from Title VII employment discrimination charges in treaties of friendship, commerce, and navigation

Foreign multinational enterprises operating in the United States seek sanctuary from Title VII employment discrimination charges in treaties of friendship, commerce, and navigation

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

Author

Madek

Gerald A.

Madek, Gerald A.

Author

Author

Reder

Margo E. K.

Reder, Margo E. K.

Dept. of Business Law, Carroll School of Management

Author

Author

text

article

1995 1995 monographic

1995

1995

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

International commercial treaties create rights for businesses of signatory countries freedom of selection for its executive employees, typically from their own countries, to be placed in subsidiaries in other countries. This freedom of selection is a recognized exemption within Treaties of Friendship, Commerce and Navigation on the theory that such latitude encourages direct foreign investment as businesses have control over their key personnel abroad. However, the breadth of this latitude is in question in light of potential conflicts with home rule statutes, including Title VII rights of U.S. nationals who compete for jobs within in U.S.-incorporated subsidiaries of foreign multinational enterprises. The authors note that there currently is a difference of opinion among the courts regarding the interrelationship between the treaties and the antidiscrimination laws, and businesses should consider this as they staff offices with key personnel.

Version of record.

Electronic reproduction. Chestnut Hill, Mass. : University Libraries, Boston College, 2009.

Hastings International Comparative Law Review 0149-9246 18 3 531 556 pp. 531-556 Spring 1995

Hastings International Comparative Law Review

Hastings International Comparative Law Review

0149-9246

18 3 531 556 pp. 531-556 Spring 1995

18

18

3

3

531 556 pp. 531-556

531

556

pp. 531-556

Spring 1995

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

Business Law HICLR-v18-OBrienMadekReder-p531.pdf HICLR-v18-OBrienMadekReder-permissions.pdf Hastings-cover-thumbnail.jpg

Business Law

HICLR-v18-OBrienMadekReder-p531.pdf

HICLR-v18-OBrienMadekReder-permissions.pdf

Hastings-cover-thumbnail.jpg

MChB English eng

MChB

English eng

English

eng