Journal

Volume 43 | Number 2 Spring 2008

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The Result of Disparate Treatment of Third-Country Alien Employees in Multinational Enterprises:  A Class Distinction

by Erin Murdock

Summary

  1. Introduction
  2. Title VII in the United States and Its Protection to U.S. Citizens Abroad
    1. Sexual Harassment Under Title VII
    2. Title VII’s Applicability to American Citizens Abroad
    3. Amendments to Title VII
    4. Applicability to Aliens Working for an American Employer Outside of the United States and Choice-of-Law Issues
      1. Choice of Law
      2. Applicability to Foreign National Employees
  3. Comparative Analysis of Title VII Protections with the Sexual Harassment Provisions of China and Mexico
    1. Mexico's Sexual Harassment Laws
    2. The People's Republic of China's Sexual Harassment Law
    3. Comparison to Title VII and Availability of Adequate Forum
  4. Problems Resulting from Disparate Title VII Treatment
    1. Stratification of Employees
      1. Historical Overview of Labor Unions and Title VII
      2. "Black-collar" Workers
      3. Contingent Workforce
      4. Result of Stratification
    2. Policy Inconsistency and Corporate Image
    3. Economic Disadvantage to Employer
    4. Why American Employers Should Protect All Workers, Including Workers from Third-Party Countries
      1. Internationally Protected Labor Norms
  5. Recommendations
    1. Arbitration Agreements
      1. Increased Title VII Protections
      2. Consistency Across the MNE
      3. America's World Reputation
  6. Possible Negative Implications
    1. Increased Protection Under Title VII and Choice of Law
    2. America's World Reputation
    3. Stratification of Employees
  7. Conclusion

Footnotes

For complete footnote citations, download the PDF.

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