Page:United States Statutes at Large Volume 105 Part 2.djvu/125

 PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1077 tion shall preclude a transfer of such action pursuant to section 1404 of title 28, United States Code.". SEC. 109. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT. (a) DEFINITION OF EMPLOYEE.— Section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)) and section 101(4) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(4)) are each amended by adding at the end the following: "With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.". (b) EXEMPTION. — (1) CIVIL RIGHTS ACT OF 1964.— Section 702 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-l) is amended— (A) by inserting "(a)" after "SEC. 702."; and (B) by adding at the end the following: "(b) It shall not be unlawful under section 703 or 704 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)(l) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 703 or 704 engaged in by such corporation shall be presumed to be engaged in by such employer. "(2) Sections 703 and 704 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 fineuicial control, of the employer and the corporation.". (2) AMERICANS WITH DISABILITIES ACT OF 1990.— Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: " (c) COVERED ENTITIES IN FOREIGN COUNTRIES.— "(1) IN GENERAL. —It shall not be unlawful under this section for a covered entity to take any action that constitutes discrimination under this section with respect to an employee in a workplace in a foreign country if compliance with this section would cause such covered entity to violate the law of the foreign country in which such workplace is located. " (2) CONTROL OF CORPORATION.— "(A) PRESUMPTION. — If an employer controls a corporation whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section

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