We’ve blogged about the role of professional translation services in determining the scope of U.S. employment discrimination laws in international setting. When confronted with the question of whether a U.S. employment discrimination law is applicable to an international employer, one must begin the determination by looking at where the job is located, employer and employee status and international law defenses.
In general, US law will be held applicable when:
- The job is located in the U.S.
- The employer is a U.S. entity
- The employee is authorized to work in the U.S.
Another scenario where U.S. law is typically found to be applicable is when:
- The job is located in the U.S.
- The employer is not a U.S. entity, but
- There is no treaty or immunity exemption
Of course, when determining this last requirement of whether or not a treaty or immunity exemption exist, one will need to secure the English language translation of all foreign laws that may apply to this exception.
A third scenario where U.S. law will be held applicable is when:
- The job is located outside the U.S.
- The employer is not a U.S. entity
- The employee is a U.S. citizen
- And no foreign laws would be violated
Again, in order to determine whether the fourth requirement is satisfied, one will require a professional language translation of applicable foreign laws.