196 REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY Case 2 Rebecca was a resident ali

Question

196 REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY Case 2 Rebecca was a resident alien working as a structural engineer for Cover-the-Earth In- ternational Construction, a U.S.-based company headquartered in Dallas, Texas, that engages in commercial construction projects worldwide. She is a native of Canada and a permanent resident of the United States, and worked for Cover-the-Earth for three years on its Minot, North Dakota, project. She liked her coworkers and the Minot project, and it was conveniently located near her home in Manitoba, Canada. When that project completed, Rebecca was transferred to a new project in Riyadh, Saudi Arabia. was Within days of her transfer, Rebecca finds that Riyadh is a very different working envi- ronment from North Dakota. Many of the local workers refuse to respond to her instruc- tions. Additionally, the two coworkers with whom she has been assigned are constantly berating her for trying to work in a place where women are not wanted. One coworker constantly refers to her, often in her presence, as the "Canadian b_ h with the can't-do attitude," and tells the Saudi workers to just ignore her and she will go away. Despondent, Rebecca complains that she is being sexually harassed and demands that Cover-the-Earth transfer her to their project in the U.S. Virgin Islands. When the company re- fuses to do so, Rebecca threatens to file a sex discrimination complaint with the EEOC. a. Does Rebecca have a viable Title VI claim? Why or why not? b. If this happened to Rebecca in the U.S. Virgin Islands, would she have a viable Title VII claim? Why or why not? c. If Rebecca had been a U.S. citizen in Saudi Arabia would she have a viable Title VII claim? Why or why not?

Explanation / Answer

a. No, Rebecca does not have a viable Title VII claim as she is not a US citizen. Title VII does not apply to foreign nationals working in overseas facilities. As Rebecca is a Canadian citizen she cannot make Title VII claim against the employer in Saudi Arabia.

b. If the incident happened in US Virgin Islands, Rebecca would have a viable Title VII claim because the individuals who are employed in United States are protected by Title VII regardless of immigration status. Here Rebecca can prove that she was treated differently in the workplace because of her national origin and hence she will be able to claim protection under Title VII.

c. Yes, Rebecca would have a viable Title VII claim if she had been a US citizen in Saudi Arabia. The US citizens working in overseas facilities and US controlled company offices are protected against discrimination in the host countries, unless the host country has laws that supersede the laws as per Title VII. Cover-the –Earth is a US based company and Rebecca is trying to sue based on sexual harassment in work place. Saudi Arabia does not have any laws governing sexual harassment. Hence Rebecca would be protected under Title VII when working under a US firm in Saudi Arabia if she is a US citizen.

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