Extraterritorial Applications Of US Discrimination Laws
August 21, 2012, 1:15 PM EDT
Law360, New York (August 21, 2012, 1:15 PM EDT) -- U.S. statutory law does not typically apply overseas. The fundamental rule of construction is a presumption against applying any U.S. law on an extraterritorial basis. Thus, for many employment statutes, including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), that presumption is dispositive: Those laws don’t apply overseas at all.
Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) all expressly provide for certain extraterritorial applications....