CCaatthhoolliicc UUnniivveerrssiittyy LLaaww RReevviieeww Volume 39 Article 7 Issue 4 Summer 1990 1990 UUnniitteedd SSttaatteess FFaaiirr EEmmppllooyymmeenntt LLaaww iinn tthhee TTrraannssnnaattiioonnaall EEmmppllooyymmeenntt AArreennaa:: TThhee CCaassee ffoorr tthhee EExxttrraatteerrrriittoorriiaall AApppplliiccaattiioonn ooff TTiittllee VVIIII ooff tthhee CCiivviill RRiigghhttss AAcctt ooff 11996644 Adam M. Mycyk Follow this and additional works at: https://scholarship.law.edu/lawreview RReeccoommmmeennddeedd CCiittaattiioonn Adam M. Mycyk, United States Fair Employment Law in the Transnational Employment Arena: The Case for the Extraterritorial Application of Title VII of the Civil Rights Act of 1964, 39 Cath. U. L. Rev. 1109 (1990). Available at: https://scholarship.law.edu/lawreview/vol39/iss4/7 This Comments is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. COMMENTS UNITED STATES FAIR EMPLOYMENT LAW IN THE TRANSNATIONAL EMPLOYMENT ARENA: THE CASE FOR THE EXTRATERRITORIAL APPLICATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 With the steady expansion of United States corporate operations abroad' in recent years has come a concomitant export of one of America's primary resources, its labor force.2 The increasing presence of United States employ- ers on foreign soil raises questions regarding such employers' amenability to United States labor laws. In particular, the overseas employment relation- ship between United States corporations and citizens implicates fair employ- ment laws.3 Of primary concern is whether Title VII of the Civil Rights Act 1. A 1984 estimate indicated that approximately 21,000 foreign subsidiaries of over 2000 American corporations operate in more than 100 foreign countries. Street, Application of U.S. Fair Employment Laws to Transnational Employers in the United States and Abroad, 19 N.Y.U.J. INT'L L. & POL. 357, 358 (1987) (citing 1 WORLD TRADE ACADEMY PRESS, DIREC- TORY OF AMERICAN FIRMS OPERATING IN FOREIGN COUNTRIES (10th ed. 1984)). 2. As of 1970, approximately 680,060 United States citizens were privately employed abroad. Note, Equal Employment Opportunity for Americans Abroad, 62 N.Y.U. L. REV. 1288 n.5 (1987) (citing SOCIAL & ECONOMIC STATISTICS ADMIN., BUREAU OF CENSUS, U.S. DEP'T OF COMMERCE, AMERICANS LIVING ABROAD (1973)). This number has steadily increased, as evidenced by a 1987 statistic indicating that 40,000 United States citizens live in Saudi Arabia alone. Id. (citing Saudis Impose an Income Tax on Foreigners, N.Y. Times, Jan. 5, 1988, at Al, col. 5). 3. The term "fair employment laws" encompasses the following: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e to e-17 (1988), which prohibits discrimination in em- ployment on the basis of race, color, religion, sex or national origin; the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621-634 (1988), which prohibits discrimina- tory employment practices undertaken because of an employee's age (over 40); and the Equal Pay Act of 1963, 29 U.S.C. § 206(d) (1988), which guarantees men and women equality in compensation and wages for performing identical or substantially similar duties. This Com- ment is limited to a discussion of the extraterritorial application of Title VII. Congress amended the ADEA in 1984 to provide for extraterritorial application to U.S. citizens employed abroad by U.S. employers. Older Americans Act Amendments of 1984, Pub. L. No. 98-459, 98 Stat. 1767, 1792 (current version at 29 U.S.C. §§ 623(h), 630(f) (1988)). As noted by a House Conference report, the amendment broadens the definition of the term "employee" by including any United States citizens "employed by a United States 1109 1110 Catholic University Law Review [Vol. 39:1109 of 1964 (Title VII)4 applies to extraterritorial acts of discrimination against United States citizens by their United States employers. Congress enacted Title VI5 as part of a comprehensive program to en- force equal protection of the laws guaranteed by the fourteenth amendment6 to all persons within the jurisdiction of the United States.7 Most domestic employers with fifteen employees or more are subject to the prohibitions of the Civil Rights Act (the Act).' The issue of whether United States corpora- tions may evade the broad guarantees of equal employment opportunity by locating abroad, however, is unclear. Arguably, extraterritorial application of Title VII may frustrate the perceived benefits of overseas operations. Managerial evaluations of the advantages in locating a subsidiary or other operation within a foreign country often center on the benefits derived from the lack of mandatory compliance with United States labor laws.' Once a corporation incorporates within this country, however, it should expect to be amenable to the jurisdiction of our courts for violations of the civil rights of our citizens regardless of where the violation occurs. This Comment examines whether United States corporations may evade the broad proscriptions of Title VII of the Civil Rights Act of 196410 by establishing operations within a foreign country.'" First, this Comment ex- amines the broad language and the legislative history of Title VII, as well as employer in a workplace in a foreign country." H.R. CONF. REP. No. 1037, 98th Cong., 2d Sess. 49 (1984), reprinted in 1984 U.S. CODE CONG. & ADMIN. NEWS 2974, 3037. Application of the Equal Pay Act is expressly limited to the territorial United States. The Equal Pay Act is an addition to the minimum wage provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (1988), and incorporates section 213(f), which statutorily confines its application to the United States. 4. 42 U.S.C. § 2000e to e-17 (1982). 5. Id 6. U.S. CONST. amend. XIV, § 1. 7. The preamble to the Civil Rights Act of 1964 illustrates the congressional desire to ensure equal protection of the laws by eliminating all forms of discrimination. The articulated purposes of the act were: To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in pub- lic accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commis- sion on Civil Rights, to prevent discrimination in federally assisted programs, to es- tablish a commission on Equal Employment Opportunity, and for other purposes. Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964) (preamble). 8. See 42 U.S.C. § 2000e(b). 9. Street, supra note 1, at 359 (citing Jensen, Japanese-Style Work Code Works in America, Too, Cleveland Plain Dealer, Mar. 13, 1983, at l-E, col. 1). 10. 42 U.S.C. § 2000e to e-17 (1988). 11. Specifically, this Comment explores whether United States citizens employed abroad by United States corporations retain both the right to equality in employment opportunities and the protection from discriminatory employment practices. 1990] Fair Employment Law judicial interpretations of the Act, to discern a congressional intent to apply Title VII extraterritorially. Next, the Comment explores the Equal Employ- ment Opportunity Commission's administrative interpretations of the extra- territorial application of Title VII.12 This Comment then analyzes the most recent judicial decision to examine the jurisdictional reach of Title VII, pay- ing particular attention to the dissenting opinion and its alternative frame- work for evaluating the extraterritorial application of Title VII. Finally, this Comment concludes that an emphasis on judicial deference to administrative interpretations of ambiguous statutory provisions will yield a result consis- tent with the explicit language and the broad remedial purposes of the statute. I. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964: THE FEDERAL CODIFICATION OF EQUAL OPPORTUNITIES FOR EMPLOYMENT A. The Broad Language of The Remedial Legislation The extensive coverage provided in Title VII is a function of its remedial purposes. 3 Specifically, Congress sought to achieve equal employment op- portunities for all persons, regardless of their national origin, sex, religion, race or color, through the elimination of past discriminatory employment practices based on those characteristics.14 Section 701, the definitional sec- tion of Title VII, delineates the pervasive coverage of the Act.15 The term "person," as used throughout the Act, pertains to "individuals," as well as to various governmental entities, both state and local, and their respective agencies, labor organizations, and various business associations. 6 Title VII proscribes unfair employment practices undertaken by "employers,"'17 "em- 12. This section focuses primarily on a policy statement issued by the Equal Employment Opportunity Commission (EEOC) regarding the investigation of charges of overseas discrimination. 13. The minority report on H.R. 7152, which was the blueprint for the Civil Rights Act of 1964, states that the comprehensive nature of the bill reflects its broad purpose: To eliminate racial prejudice throughout the nation. HOUSE JUDICIARY COMMITTEE, HOUSE REPORT ON THE CIVIL RIGHTS ACT OF 1964, H.R. REP. No. 914, 88th Cong., 1st Sess. (1963) (Additional views on H.R. 7152 of Hon. William M. McCulloch, Hon. John V. Lindsay, Hon. William T. Cahill, Hon. Garner E. Shriver, Hon. Clark MacGregor, Hon. Charles McC. Mathias, Hon. James E. Bromwell), reprinted in 1964 U.S. CODE CONG. & ADMIN. NEWS 2391, 2488. 14. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 800 (1973); Griggs v. Duke Power Co., 401 U.S. 424, 429-30 (1971). 15. See 42 U.S.C. § 2000e (1988). 16. Id. § 2000e(a). 17. See id. § 2000e(b), which provides in pertinent part: The term "employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly 1112 Catholic University Law Review [Vol. 39:1109 ployment agencies,"' and "labor organizations."19 The Act guarantees protection to "employees," defined as "individual[s] employed by an employer."20 The proscriptions of Title VII apply only to employers "engaged in an industry affecting commerce., 2 As evidenced by the language "trade, traf- fic, commerce, transportation, transmission, or communication... between a State and any place outside thereof,",22 the definition of "commerce" in- cludes both interstate and foreign commerce. The definition of an "industry affecting commerce" includes "any activity, business, or industry in com- merce or in which a labor dispute would hinder or obstruct commerce or the 23 free flow of commerce.", The express language of the statute does not evince any attempt by Con- gress to limit the coverage of the Act to entities within the territorial United States.24 Although Congress expressly exempted certain entities from cover- age,25 nowhere in the Act did Congress provide a corresponding exclusion to owned by the Government of the United States, ... or (2) a bona fide private mem- bership club (other than a labor organization) which is exempt from taxation .... Id. (emphasis added). 18. See id. § 2000e(c), which provides that "[t]he term 'employment agency' means any person regularly undertaking . . .to procure employees for an employer or to procure for employees opportunities to work for an employer." Id. 19. See id. § 2000e(d), which provides in pertinent part that "[t]he term 'labor organiza- tion' means a labor organization engaged in an industry affecting commerce ... in which employees participate and which exists for the purpose ... of dealing with employers concern- ing grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of em- ployment." Id. 20. Id. § 2000e(f). 21. Id. § 2000e(b). 22. Id. § 2000e(g) (emphasis added). The term "State" as used within § 2000e, includes "a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Amer- ican Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act." Id. § 2000e(i). The use of the language "between a State and any place outside thereof" in this definition of commerce leads to a logical inference that Congress anticipated some industries engaged in foreign commerce would be covered by the Civil Rights Act. This language, however, does not reveal whether Congress meant to include those industries located abroad whose business deal- ings with the United States qualify as foreign commerce. This reference might be interpreted to include only United States corporations which ship interstate or abroad. 23. Id. § 2000e(h). 24. See id. § 2000e. 25. See id. § 2000e-l, which provides in pertinent part: This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational insti- tution, or society with respect to the employment of individuals of a particular reli- gion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 1990] Fair Employment Law 1113 companies incorporated within the United States which operate abroad and which fall within the statutory definition of employer.26 Although Congress' intent to remove racial barriers to employment prompted the enactment of Title VII, the language of the statute indicates that Congress also sought to protect other classes of minorities historically subject to discriminatory employment practices. As a result, Congress pro- vided that certain adverse employment actions, undertaken by a covered em- ployer, would be unlawful if the employer acted because of an individual's "race, color, religion, sex, or national origin.",27 Title VII specifies that an employer violates the Act if the employer discharges, refuses to hire, or in some way "discriminate[s] against any individual with respect to his com- pensation, terms, conditions, or privileges of employment, because of [the individual's protected status]."2 In enacting Title VII, Congress recognized that, in certain limited situa- tions, an employer might be justified in its decision to hire or employ an individual solely on the basis of that person's religion, sex, or national ori- gin.29 In these limited situations, Title VII provides the employer with an affirmative defense to an otherwise unlawful employment practice.30 The "bona fide occupational qualification" (BFOQ) defense allows an employer to base an employment decision on the religion, sex or national origin of an individual when absolutely required by the nature of the employer's busi- Id. The alien exemption provision, 42 U.S.C. § 2000e-1, which exempts from Title VII protec- tion any alien employed overseas by a covered employer is perhaps the strongest indication that Congress intended Title VII to reach acts of discrimination by United States employers abroad against their United States citizen-employees. This negative implication of the alien exemption provision is discussed more fully infra, at notes 51-65 and accompanying text. 26. Nor did Congress expressly indicate that Title VII shall apply to such entities. 27. 42 U.S.C. § 2000e-2(a) to (d). 28. Id. § 2000e-2(a) (1). 42 U.S.C. § 2000e-3(a) prohibits an employer from discriminating against an employee be- cause the employee has "opposed any practice made an unlawful employment practice by this [title], or because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this [title]." Id. This is known as the opposition-participation clause, which prohibits an employer from retaliating against his em- ployee for invoking the Title VII process. 29. Id. § 2000e-2(e). 30. Id. 1114 Catholic University Law Review [Vol. 39:1109 ness.31 As evidenced by the language of this provision, race or color can never qualify as a BFOQ.32 Congress entrusted the responsibility of ensuring compliance with the mandates of Title VII to the Equal Employment Opportunity Commission (EEOC or Commission).33 With respect to charges of employment discrimi- nation in the private sector, the EEOC acts in a prosecutorial capacity.34 The enforcement process begins when an individual files a charge with the Commission.3" The Commission investigates the charge to determine whether there is reasonable cause to believe that the employer engaged in an unlawful employment practice.36 If the Commission finds reasonable cause to believe that a violation of Title VII occurred, it then attempts to reconcile the individual's grievance with the employer.37 If conciliation fails, the Commission may decide to litigate the case on behalf of the aggrieved party.3 If the Commission decides not to litigate, the aggrieved party may 1 file a civil action in federal court.39 B. References in the Legislative History of the Act Supporting ExtraterritorialA pplication of Title VII The congressional power to regulate both interstate and foreign commerce supported the enactment of such a sweeping legislative measure as the Civil Rights Act of .40 Although Congress did not specifically define com- 1964 merce in Title VII to include "foreign commerce,, 41 statements by the spon- sors of the bill, made prior to the enactment of the Act, indicate a 31. 42 U.S.C. § 2000e-2(e) provides: [I]t shall not be an unlawful employment practice for an employer to hire and em- ploy employees ...o n the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualifica- tion reasonably necessary to the normal operation of that particular business or en- terprise .... Id 32. Id. 33. Id. § 2000e-4. 34. Id. § 2000e-5. In this section of the Act, Congress authorized the EEOC to bring lawsuits against violators of the Act on behalf of aggrieved individuals. 35. Id. § 2000e-5(b). 36. Id 37. Id. 38. Id. § 2000e-5(f). 39. Id 40. STATUTORY HISTORY OF THE UNITED STATES CIVIL RIGHTS, Part II, 1226 (B. Schwartz ed. 1970) (statement of Senator Humphrey that "[t]he constitutional basis for Title VII is... the commerce clause"); see also Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964); Katzenbach v. McClung, 379 U.S. 294 (1964). 41. 42 U.S.C. § 2000e(g) (1988). 1990] FairE mployment Law 1115 congressional intent to extend coverage of the Act to entities engaged in foreign commerce.42 A sponsor of the Civil Rights Act of 196443 stated that the Act covers any employer whose business involves interstate or foreign commerce." Similarly, during the House debates on the bill, one congress- man indicated that Congress intended Title VII to cover employers in indus- tries engaged in foreign commerce.45 Other pronouncements by members of Congress support the application of Title VII to claims of discrimination made by United States citizens against United States corporations operating abroad." The House Report on the bill evinces a primary concern to "protect and provide more effective means to enforce the civil rights of persons within the jurisdiction of the United States."'47 In this regard, one congressman stated that the provisions of Title VII were necessary to enforce the constitutional guarantees of equal- ity.4" Similarly, the ranking minority member of the House Judiciary Coin- 42. EEOC, LEGISLATIVE HISTORY OF TrrLEs VII AND XI OF THE CIVIL RIGHTS AcT OF 1964, at 3091; 110 CONG. REC. 2737 (1964) (statement of Rep. Libonati). 43. That sponsor was Congressman Emmanuel Celler of New York, the Chairman of the House Judiciary Committee. 44. EEOC, LEGISLATIVE HISTORY OF TITLES VII AND XI OF THE CIVIL RIGHTS ACT OF 1964, at 3091. 45. Congressman Libonati, of Illinois, stated: [The provisions [of Title VII] are necessary "to remove obstructions to the free flow of commerce among the States and with foreign nations" . .. Title VII is simply supported by Congress [sic] power to regulate commerce among the States and with foreign nations - Article I, section 8, clause 3. Title VII covers employers engaged in industries affecting commerce - interstate, and foreign commerce .... 110 CONG. REC. 2737 (1964) (statement of Rep. Libonati). Similarly, Senator Humphrey stated that the commerce clause, which supports Title VII, "authorizes Congress to enact legislation to regulate employment relations which affect inter- state and foreign commerce." STATUTORY HISTORY OF THE UNITED STATES CIVIL RIGHTS, Part II, 1226 (B. Schwartz ed. 1970). 46. See 110 CONG. REc. 2737 (1964); HOUSE REPORT ON CIVIL RIGHTS ACT OF 1964, H.R. REP. No. 914, 88th Cong., 1st Sess. (1964), reprinted in 1964 U.S. CODE CONG. & AD- MIN. NEWS 2391, 2488. 47. HOUSE REPORT ON THE CIVIL RIGHTS ACT OF 1964, H.R. REP. No. 914, 88th Cong., 1st Sess. (1964), reprinted in 1964 U.S. CODE. CONG. & ADMIN. NEWS 2391. The jurisdiction of the United States is not limited to acts committed within the territorial confines of the country. Congress does have the power to prescribe the activities of U.S. citizens outside the territorial jurisdiction. Steele v. Bulova Watch Co., 344 U.S. 280, 287 (1952); Kawakita v. United States, 343 U.S. 717, 733 (1952); Blackmer v. United States, 284 U.S. 421, 443 (1932); Cook v. Tait, 265 U.S. 47, 56 (1924); United States v. Bowman, 260 U.S. 94 (1922). 48. 110 CONG. REC. 2737 (1964) (statement of Rep. Libonati). Congressman Libonati stated that the Act will "insure the complete and free enjoyment by all persons of the rights, privileges, and immunities secured and protected by the Constitution of the United States." Id. 1116 Catholic University Law Review [Vol. 39:1109 mittee illustrated the broad scope of the legislation by arguing that Congress desired to "secure to all Americans the equal protection of the laws of the United States."49 These general pronouncements regarding the applicability of Title VII to industries engaged in foreign commerce, as well as the ex- pressed intent to ensure that all Americans enjoy the protections of the Act, provide a strong indication that Congress did not envision the Act to have any territorial limitations.50 C The Alien Exemption Provision Congress explicitly exempted certain organizations from the broad cover- age of Title VII. 1 One of these exemptions, the alien exemption provision of section 702, which exempts overseas employers from coverage in their em- ployment relationship with aliens abroad, lends support to the proposition that Title VII applies extraterritorially.52 In section 702, the only provision that specifically concerns employment abroad, Congress chose not to exempt corporations incorporated within the United States and operating abroad, or United States citizens employed by such corporations.53 Arguably, the stat- utory definitions of "employer" and "employee" are broad enough to en- compass United States corporations and United States citizens abroad within the coverage of the Act.54 The legislative history of Title VII indicates that Congress inserted the alien exemption provision within the Act as a self-executing measure to avert conflicts between United States and foreign law that would otherwise arise if the Act applied to aliens employed abroad by United States corporations." Careful consideration of this legislative purpose leads to the logical inference 49. HOUSE REPORT ON CIVIL RIGHTS ACT OF 1964, H.R. REP. No. 914, 88th Cong., 1st Sess. (1964), reprinted in 1964 U.S. CODE CONG. & ADMIN. NEWS 2391, 2488 (statement of Rep. McCulloch). The minority report also states that "[t]he rights of citizenship mean little if an individual is unable to gain the economic wherewithal to enjoy or properly utilize them." Id. at 2516. This statement lends support to the proposition that Congress intended Title VII to have far reaching effects. Moreover, it demonstrates the broad remedial purposes behind the legislation. 50. See supra notes 43-49 and accompanying text. 51. 42 U.S.C. § 2000e-1 (1988); see supra note 25 and accompanying text. 52. 42 U.S.C. § 2000e-l. This provision exempts an employer from coverage "with re- spect to the employment of aliens outside any State." Id. 53. See 42 U.S.C. § 2000e. 54. 42 U.S.C. §§ 2000e(b), 2000e(f); see also supra notes 17, 20 and accompanying text. 55. See Boureslan v. Aramco, 857 F.2d 1014, 1020 (quoting Civil Rights: Hearings on HR. 7152, as amended by Subcommittee No. 5 before the House Committee on the Judiciary, 88th Cong., 1st Sess. 2303 (1963)), cert. granteds ub nom. EEOC v. Arabian American Oil Co., 111 S. Ct. 40 (1990). The following statement appeared in a house report (H.R. REP. No. 405, 88th Cong., 1st Sess. (1963)) which was then incorporated within the hearings and debates on H.R. 7152, the precursor of the Civil Rights Act of 1963. 1990] Fair Employment Law 1117 that a United States employer, operating overseas and otherwise covered by the Act, may be engaged in an "industry affecting commerce." 6 If the em- ployer employed the statutory minimum number of employees, that em- ployer would fall within the statutory definition of "employer" and would be prohibited from violating the Act. Otherwise, Congress would not have spe- cifically exempted this employment relationship from the proscriptions of the Act.57 The reason for this inference is clear: by expressly exempting aliens employed abroad from protection against employment discrimination because of the potential for conflicts between United States and foreign law, Congress implicitly recognized that certain United States corporations oper- ating abroad might be engaged in an industry affecting commerce.58 There would be no logical reason to consider the possibility of conflicts of law problems with respect to aliens employed by United States employers abroad unless Congress realized that the broad definition of "employer" encom- passed these overseas employers. Because an act of Congress that might apply to citizens of foreign countries would affront traditional notions of sovereignty and comity, 9 Congress wisely legislated around this problem by explicitly exempting overseas United States employers from coverage with In section 4 of the Act, limited exception is provided for employers with respect to employment of aliens outside of any state .... The intent of [this] exemption is to remove conflicts of law which might otherwise exist between the United States and a foreign nation in the employment of aliens outside the United States by an American enterprise. Id. Possible conflicts of law arise if the laws regarding employment of the foreign country in which the United States corporation operates are diametrically opposed to the provisions of Title VII. For example, in Saudi Arabia, it is against the law for women to work side-by-side with men and foreigners. See Note, United States CorporationsO perating in Saudi Arabia and Laws Affecting Discrimination in Employment: Which Law Shall Prevail?, 8 LoY. L.A. INT'L & COMP. L.J. 135, 144 n.75 (1985) (citing D. PIPES, IN THE PATH OF GOD: ISLAM AND POLITICAL POWER 234 (1983)). 56. EEOC Policy Guidance: Application of Title VII to American Companies Overseas, Their Subsidiaries, and to Foreign Companies, No. N-915.033, EEOC Release No. 880P-15, reprinted in EEOC Compl. Man. (CCH) 2391, 2392, § 605, Appendix 605-M ( 2187) (Sept. 2, 1988) [hereinafter The Policy Guidance]. 57. Id. 58. Id. 59. Skiriotes v. Florida, 313 U.S. 69, 73 (1941) (legislation that regulates actions of U.S. citizens and corporations should not infringe upon the sovereignty of another nation); see So- ciete Nationale Industrielle Aerospatiale v. United States Dist. Court, 482 U.S. 522, 543 n.27 (1987) (in resolving disputes in which the interests of both the U.S. and a foreign nation are involved, a domestic court should be constrained by notions of comity and respect); Laker Airways, Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909, 937 (D.C. Cir. 1984) ("the obligation of comity expires when the strong public policies of the forum are vitiated by the foreign act").