EEOC Guidelines on Seniority and Extraterritoriality

By Murphy, Betty Southard; Barlow, Wayne E. et al. | Personnel Journal, January 1994 | Go to article overview
Save to active project

EEOC Guidelines on Seniority and Extraterritoriality


Murphy, Betty Southard, Barlow, Wayne E., Hatch, D. Diane, Personnel Journal


On October 20, 1993, the Equal Employment Opportunity Commission (EEOC) unanimously approved enforcement guidance memoranda explaining the agency's position on seniority systems and extraterritorial application of Title VII of the Civil Rights Act of 1964, as amended, (CRA) and the Americans with Disabilities Act (ADA). This is the first policy guidance from EEOC that interprets amendments to Title VII by the Civil Rights Act of 1991.

In the first policy guidance, the Commission outlines its enforcement approach on the issue of seniority in light of Section 112 of the amended Title VII, intended to undo the U.S. Supreme Court's 1989 Lorance v. AT&T Technologies decision. (See Manager 's Newsfront, August 1989.) That amendment states that a seniority system adopted with discriminatory intent may be timely challenged from either the date it was adopted or when it has a discriminatory effect on a member of a protected class.

EEOC concludes that when a charging party alleges that a seniority system has been adopted for an intentionally discriminatory purpose, the charge will be timely if filed within 180 (or 300) days of the date that: "[t]he seniority system or the challenged provision is adopted in a [CBA] or unilaterally adopted by an employer; the charging party becomes subject to the seniority system or one of its provisions; or the charging party is injured by application of the seniority system." Enforcement Guidance on the Effect of Section 112 of the [CRA], reprinted at Daily Labor Report (BNA) No. 203, (Oct. 22, 1993).

In the second policy guidance, EEOC spells out how it will enforce Title VII as amended and the ADA with respect to conduct outside the U.S., and the application of these two laws to foreign employers operating in the U.S.

According to the EEOC, Title VII as amended, and the ADA cover an individual who is a citizen of the U.S. with respect to employment in a foreign country and prohibit discrimination against U.S. citizens abroad by an American employer, or by a foreign corporation controlled by an American employer.

The EEOC makes clear, however, that neither Title VII nor the ADA applies to foreign operations of an employer that is foreign and not controlled by an American employer.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

EEOC Guidelines on Seniority and Extraterritoriality
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?