Global employers often need to contend with determining whether federal, state and local employment laws, including equal employment opportunity (EEO) laws, cover their employees working abroad. Consider this hypothetical example: Employee X, a former employee of Company ABC, an American company with fifty employees in the U.S. and abroad, files an EEOC charge against Company ABC. Employee X worked for Company ABC in Germany. Company ABC is not entirely sure of Employee X’s citizenship status. Given that Employee X worked in Germany, Company ABC is surprised that it received the charge. The extraterritorial applicability of EEO laws rests on several factors. Both Company ABC and Employee X are evaluated to determine if: (i) Company ABC is covered by EEO laws and (ii) if Employee X is protected by EEO laws. Are EEO laws applicable to Company ABC? Legal Considerations: First, the EEOC will determine if Company ABC is considered a “U.S. employer.” Company ABC will be a U.S. employer if it is incorporated in the U.S., if it is based in the U.S., or if it has sufficient connections with the U.S. Assuming Company ABC falls within one of these three categories, the EEOC will then review Company ABC’s […]