Title I Technical Assistance Manual

(c) Covered Entities in Foreign Countries.

(1) In general.-- It shall not be unlawful under this section for a covered entity to take any action that constitutes discrimination under this section with respect to an employee in a workplace in a foreign country if compliance with this section would cause such covered entity to violate the law of the foreign country in which such workplace is located.

(2) Control of Corporation.--

(A) Presumption.-- If an employer controls a corporation whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such corporation shall be presumed to be engaged in by such employer.

(B) Exception. --This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

(C) Determination.-- For purposes of this paragraph, the determination of whether an employer controls a corporation shall be based on --

(I) the interrelation of operations;

(II) the common management;

(III) the centralized control of labor relations; and

(IV) the common ownership or financial control of the employer and the corporation.