2020 Language Access Plan Appendix

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APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT SEC. 2000e-1. \[Section 702\] (a) Inapplicability of subchapter to certain aliens and employees of religious entities 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 institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (b) Compliance with statute as violative of foreign law It shall not be unlawful under section 2000e-2 or 2000e-3 of this title \[section 703 or 704\] for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located. (c) Control of corporation incorporated in foreign country (1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title \[section 703 or 704\] engaged in by such corporation shall be presumed to be engaged in by such employer. (2) Sections 2000e-2 and 2000e-3 of this title \[sections 703 and 704\] shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer. (3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on- (A) the interrelation of operations; (B) the common management; (C) the centralized control of labor relations; and (D) the common ownership or financial control, of the employer and the corporation.