Transnational Protection of U. S. Expatriate Employees Under the Civil Rights Act of l991 The Potential Available to Purchase

This paper examines the applicable scope of United States employment discrimination law to “American” employers of U.S. citizens abroad. Through an analysis of the extraterritorial dimension of American anti‐bias, it is demonstrated that over time, it has become accepted that the full‐range of U.S. anti‐bias law applies transnationally. However, just who is considered an “American” firm is an open‐ended question under the Mas Marques test codified in the Civil Rights Act of 1991. The implications of this ambiguity could well lead to potential legal conflicts in the area of employment discrimination for a multitude of firms worldwide who may not consider themselves presently to be bound by United States employment law.