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Foreign and Multinational Employers

ADA information related to 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

JAN Publications & Articles regarding Foreign and Multinational Employers

Publications

Accommodation and Compliance Series

Articles

  • No Articles available for Foreign and Multinational Employers

Blog Posts

  • No Blog Posts available for Foreign and Multinational Employers