Close Menu

Foreign and Multinational Employers

Accommodation and Compliance: Foreign and Multinational Employers

Introduction

Many U.S. citizens work for employers operating in foreign countries and of course many foreign companies operate within the United States. The following is a summary of when the ADA applies to foreign employment. 

The ADA applies to:

A. U.S. employers with 15 or more employees

    1. Conducting business in the U.S.

      a. U.S. citizen employees – yes

      b. Foreign employees – yes

    2. Conducting business in a foreign country

      a. U.S. citizen employees – yes, unless the foreign laws defense applies

      b. Foreign employees – no

B. Foreign employers with 15 or more employees

    1. Conducting business in the U.S.

      a. U.S. citizen employees – yes, when the discrimination occurs within the U.S., absent constraints imposed by treaty or by binding international agreement

    b. Foreign employees – yes, when the discrimination occurs within the U.S., absent constraints imposed by treaty or by binding international agreement

    2. Conducting business in a foreign country

      a. U.S. citizen employees – no, unless the foreign employer is controlled by an American employer or other covered entity and the foreign defense do not apply

      b. Foreign employees – no

Situations and Solutions:

JAN Publications & Articles regarding Foreign and Multinational Employers

Articles

Blog Posts

  • No Blog Posts available for Foreign and Multinational Employers

Events Regarding Foreign and Multinational Employers