
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2000e-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VI--EQUAL EMPLOYMENT OPPORTUNITIES
 
Sec. 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.

(Pub. L. 88-352, title VII, Sec. 702, July 2, 1964, 78 Stat. 255; Pub. 
L. 92-261, Sec. 3, Mar. 24, 1972, 86 Stat. 103; Pub. L. 102-166, title 
I, Sec. 109(b)(1), Nov. 21, 1991, 105 Stat. 1077.)


                               Amendments

    1991--Pub. L. 102-166 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).
    1972--Pub. L. 92-261 struck out exemption for employment of 
individuals engaged in educational activities of nonreligious 
educational institutions.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-166 inapplicable to conduct occurring 
before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set out as 
a note under section 2000e of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 604a, 9920 of this title.
