eeoc
arabian
american
oil
argued
january
decided
march
together
boureslan
arabian
american
oil
et
also
certiorari
petitioner
boureslan
naturalized
citizen
born
lebanon
working
saudi
arabia
discharged
employer
respondent
arabian
american
oil
company
delaware
corporation
filing
charge
petitioner
equal
employment
opportunity
commission
eeoc
instituted
suit
district
seeking
relief
inter
alia
title
vii
civil
rights
act
ground
discriminated
race
religion
national
origin
dismissing
claim
ruled
lacked
subject
matter
jurisdiction
title
vii
protections
extend
citizens
employed
abroad
american
employers
appeals
affirmed
held
title
vii
apply
extraterritorially
regulate
employment
practices
firms
employ
american
citizens
abroad
petitioners
evidence
totally
lacking
probative
value
falls
short
demonstrating
clearly
expressed
affirmative
congressional
intent
required
overcome
presumption
statutory
extraterritoriality
pp
petitioners
argue
unpersuasively
title
vii
broad
jurisdictional
language
extends
act
protections
commerce
state
place
outside
thereof
evinces
clear
intent
legislate
extraterritorially
language
relied
ambiguous
speak
directly
question
presented
constitutes
boilerplate
language
found
number
congressional
acts
none
held
apply
overseas
petitioners
argument
also
finds
support
decisions
repeatedly
held
even
statutes
containing
broad
language
definitions
commerce
expressly
refer
foreign
commerce
apply
abroad
see
mcculloch
sociedad
nacional
de
marineros
de
honduras
steele
bulova
watch
distinguished
pp
petitioners
also
argue
unpersuasively
title
vii
alien
exemption
clause
renders
statute
inapplicable
employer
respect
employment
aliens
outside
state
clearly
manifests
necessary
congressional
intent
cover
employers
citizens
working
abroad
petitioners
correct
statutory
basis
distinguishing
american
employers
foreign
employers
absent
clearer
evidence
congressional
intent
unwilling
ascribe
congress
policy
raise
difficult
international
law
issues
imposing
country
employment
discrimination
regime
upon
foreign
corporations
operating
foreign
commerce
conclusion
fortified
factors
suggesting
purely
domestic
focus
including
title
vii
failure
even
mention
foreign
nations
proceedings
despite
number
provisions
indicating
concern
sovereignty
laws
unduly
interfered
act
failure
provide
mechanisms
overseas
enforcement
also
reasonable
conclude
congress
intended
title
vii
apply
overseas
addressed
subject
conflicts
foreign
laws
procedures
amending
age
discrimination
employment
act
adea
apply
abroad
pp
petitioners
contention
defer
eeoc
position
title
vii
applies
abroad
rejected
eeoc
interpretation
fare
well
deference
standards
set
forth
general
electric
gilbert
since
interpretation
neither
contemporaneous
title
vii
enactment
consistent
earlier
contrary
position
enunciated
eeoc
closer
date
statute
came
law
since
eeoc
offers
basis
experience
change
since
interpretation
lacks
support
statute
plain
language
although
wholly
discount
interpretation
insufficient
weight
even
considered
combination
petitioners
arguments
overcome
presumption
extraterritorial
application
pp
congress
awareness
need
make
clear
statement
statute
applies
overseas
amply
demonstrated
numerous
occasions
legislated
extraterritoriality
including
amendment
adea
congress
may
similarly
amend
title
vii
able
calibrate
provisions
way
pp
ca
affirmed
rehnquist
delivered
opinion
white
kennedy
souter
joined
scalia
filed
opinion
concurring
part
concurring
judgment
post
marshall
filed
dissenting
opinion
blackmun
stevens
joined
post
solicitor
general
starr
argued
cause
petitioners
cases
briefs
petitioner
assistant
attorney
general
dunne
deputy
solicitor
general
roberts
stephen
nightingale
donald
livingston
gwendolyn
young
reams
michael
maness
gerald
birnberg
filed
brief
petitioner
paul
friedman
argued
cause
respondents
cases
brief
thomas
anne
smith
john
roady
scott
kneese
gregory
fn
briefs
amici
curiae
urging
reversal
filed
american
civil
liberties
union
et
al
jane
picker
sidney
picker
isabelle
katz
pinzler
john
powell
international
human
rights
law
group
robert
plotkin
steven
schneebaum
lawyers
committee
civil
rights
law
gary
born
robert
mullen
david
tatel
norman
redlich
thomas
henderson
richard
seymour
naacp
legal
defense
educational
fund
et
julius
levonne
chambers
charles
stephen
ralston
briefs
amici
curiae
urging
affirmance
filed
equal
employment
advisory
council
robert
williams
douglas
mcdowell
edward
potter
rule
law
committee
et
al
cecil
olmstead
society
human
resources
management
kenneth
kirschner
john
parauda
lawrence
lorber
washington
legal
foundation
jeffrey
zuckerman
daniel
popeo
paul
kamenar
chief
justice
rehnquist
delivered
opinion
cases
present
issue
whether
title
vii
applies
extraterritorially
regulate
employment
practices
employers
employ
citizens
abroad
appeals
fifth
circuit
held
agree
conclusion
petitioner
boureslan
naturalized
citizen
born
lebanon
respondents
two
delaware
corporations
arabian
american
oil
company
aramco
subsidiary
aramco
service
company
asc
aramco
principal
place
business
dhahran
saudi
arabia
licensed
business
texas
asc
principal
place
business
houston
texas
boureslan
hired
asc
cost
engineer
houston
year
later
transferred
request
work
aramco
saudi
arabia
boureslan
remained
aramco
saudi
arabia
discharged
filing
charge
discrimination
equal
employment
opportunity
commission
eeoc
instituted
suit
district
southern
district
texas
aramco
asc
sought
relief
state
law
title
vii
civil
rights
act
stat
amended
ground
harassed
ultimately
discharged
respondents
account
race
religion
national
origin
respondents
filed
motion
summary
judgment
ground
district
lacked
subject
matter
jurisdiction
boureslan
claim
protections
title
vii
extend
citizens
employed
abroad
american
employers
district
agreed
dismissed
boureslan
title
vii
claim
also
dismissed
state
law
claims
lack
pendent
jurisdiction
entered
final
judgment
favor
respondents
panel
fifth
circuit
affirmed
vacating
panel
decision
rehearing
case
en
banc
affirmed
district
dismissal
boureslan
complaint
boureslan
eeoc
petitioned
certiorari
granted
petitions
certiorari
resolve
important
issue
statutory
interpretation
parties
concede
must
congress
authority
enforce
laws
beyond
territorial
boundaries
cf
foley
filardo
benz
compania
naviera
hidalgo
whether
congress
fact
exercised
authority
case
matter
statutory
construction
task
determine
whether
congress
intended
protections
title
vii
apply
citizens
employed
american
employers
outside
longstanding
principle
american
law
legislation
congress
unless
contrary
intent
appears
meant
apply
within
territorial
jurisdiction
foley
canon
construction
valid
approach
whereby
unexpressed
congressional
intent
may
ascertained
ibid
serves
protect
unintended
clashes
laws
nations
result
international
discord
see
mcculloch
sociedad
nacional
de
marineros
de
honduras
applying
rule
construction
look
see
whether
language
relevant
act
gives
indication
congressional
purpose
extend
coverage
beyond
places
sovereignty
measure
legislative
control
foley
assume
congress
legislates
backdrop
presumption
extraterritoriality
therefore
unless
affirmative
intention
congress
clearly
expressed
benz
supra
must
presume
primarily
concerned
domestic
conditions
foley
supra
boureslan
eeoc
contend
language
title
vii
evinces
clearly
expressed
intent
behalf
congress
legislate
extraterritorially
rely
principally
two
provisions
statute
first
petitioners
argue
statute
definitions
jurisdictional
terms
employer
commerce
sufficiently
broad
include
firms
employ
american
citizens
overseas
second
maintain
statute
alien
exemption
clause
necessarily
implies
congress
intended
protect
american
citizens
employment
discrimination
abroad
petitioners
also
contend
defer
eeoc
consistently
held
position
title
vii
applies
abroad
conclude
petitioners
evidence
totally
lacking
probative
value
falls
short
demonstrating
affirmative
congressional
intent
required
extend
protections
title
vii
beyond
territorial
borders
title
vii
prohibits
various
discriminatory
employment
practices
based
individual
race
color
religion
sex
national
origin
see
employer
subject
title
vii
employed
employees
specified
period
engaged
industry
affecting
commerce
industry
affecting
commerce
activity
business
industry
commerce
labor
dispute
hinder
obstruct
commerce
free
flow
commerce
includes
activity
industry
affecting
commerce
within
meaning
reporting
disclosure
act
lmrda
et
commerce
turn
defined
trade
traffic
commerce
transportation
transmission
communication
among
several
state
place
outside
thereof
within
district
columbia
possession
points
state
point
outside
thereof
petitioners
argue
plain
language
title
vii
broad
jurisdictional
language
reveals
congress
intent
extend
statute
protections
employment
discrimination
anywhere
world
employer
affects
trade
state
place
outside
thereof
precisely
assert
since
title
vii
defines
include
district
columbia
specified
territories
clause
state
place
outside
thereof
must
referring
areas
beyond
territorial
limit
reply
brief
petitioner
respondents
offer
several
alternative
explanations
statute
expansive
language
contend
state
place
outside
thereof
clause
provide
jurisdictional
nexus
required
regulate
commerce
wholly
within
single
state
presumably
affects
interstate
foreign
commerce
regulate
conduct
exclusively
within
foreign
country
brief
respondents
also
argue
since
definitions
terms
employer
commerce
industry
affecting
commerce
make
mention
commerce
foreign
nations
congress
said
intended
statute
apply
overseas
support
argument
petitioners
point
title
ii
civil
rights
act
governing
public
accommodation
specifically
defines
commerce
applies
foreign
nations
finally
respondents
argue
language
present
first
bill
considered
house
representatives
contained
terms
foreign
commerce
foreign
nations
terms
deleted
senate
civil
rights
act
passed
conclude
deletions
inconsistent
notion
clearly
expressed
congressional
intent
apply
title
vii
extraterritorially
brief
respondents
need
choose
competing
interpretations
required
absence
presumption
extraterritorial
application
discussed
plausible
persuasive
language
relied
upon
petitioners
must
make
affirmative
showing
ambiguous
speak
directly
question
presented
intent
congress
extraterritorial
application
statute
must
deduced
inference
boilerplate
language
found
number
congressional
acts
none
ever
held
apply
overseas
see
consumer
product
safety
act
federal
food
drug
cosmetic
act
transportation
safety
act
reporting
disclosure
act
et
seq
americans
disabilities
act
et
seq
petitioners
reliance
title
vii
jurisdictional
provisions
also
finds
support
case
law
repeatedly
held
even
statutes
contain
broad
language
definitions
commerce
expressly
refer
foreign
commerce
apply
abroad
example
new
york
central
chisholm
addressed
extraterritorial
application
federal
employers
liability
act
fela
et
seq
fela
provides
common
carriers
railroad
engaging
interstate
foreign
commerce
commerce
territories
foreign
nation
nations
shall
liable
damages
employees
suffer
injuries
resulting
employment
despite
broad
jurisdictional
language
found
act
contains
words
definitely
disclose
intention
give
extraterritorial
effect
chisholm
supra
therefore
jurisdiction
fela
damages
action
citizen
employed
railroad
suffered
fatal
injuries
point
miles
north
border
canada
similarly
mcculloch
sociedad
nacional
de
marineros
de
honduras
addressed
whether
congress
intended
national
labor
relations
act
nlra
apply
overseas
even
though
nlra
contained
broad
language
referred
terms
foreign
commerce
refused
find
congressional
intent
apply
statute
abroad
specific
language
act
reflecting
congressional
intent
mcculloch
supra
eeoc
places
great
weight
assertedly
similar
broad
jurisdictional
grant
lanham
act
held
applied
extraterritorially
steele
bulova
watch
brief
petitioner
steele
addressed
whether
lanham
act
designed
prevent
deceptive
misleading
use
trademarks
applied
acts
citizen
consummated
mexico
act
defined
commerce
commerce
may
lawfully
regulated
congress
stated
intent
statute
regulate
commerce
within
control
congress
making
actionable
deceptive
misleading
use
marks
commerce
ibid
recognizing
legislation
congress
extend
beyond
boundaries
unless
contrary
legislative
intent
appears
concluded
light
fact
allegedly
unlawful
conduct
effects
within
coupled
act
broad
jurisdictional
grant
sweeping
reach
commerce
may
lawfully
regulated
congress
statute
properly
interpreted
applying
abroad
steele
supra
eeoc
attempt
analogize
case
steele
unpersuasive
lanham
act
terms
applies
commerce
may
lawfully
regulated
congress
constitution
gives
congress
power
regulate
commerce
foreign
nations
among
several
indian
tribes
art
cl
since
act
expressly
stated
applied
extent
congress
power
commerce
steele
concluded
congress
intended
statute
apply
abroad
contrast
title
vii
limited
boilerplate
commerce
language
support
expansive
construction
congressional
intent
moreover
unlike
language
lanham
act
title
vii
definition
commerce
derived
expressly
lmrda
statute
held
prior
enactment
title
vii
apply
abroad
mcculloch
supra
thus
petitioner
argument
based
jurisdictional
language
title
vii
fails
matter
statutory
language
previous
case
law
many
acts
congress
based
authority
body
regulate
commerce
among
several
parts
acts
setting
forth
basis
legislative
jurisdiction
obviously
refer
commerce
one
way
another
permit
possible
even
plausible
interpretations
language
involved
override
presumption
extraterritorial
application
little
left
presumption
petitioners
argue
title
vii
alien
exemption
provision
clearly
manifests
intention
congress
protect
citizens
respect
employment
outside
alien
exemption
provision
says
statute
shall
apply
employer
respect
employment
aliens
outside
state
petitioners
contend
language
negative
inference
drawn
congress
intended
title
vii
cover
citizens
working
abroad
employers
plausible
explanation
alien
exemption
exists
argue
congress
believed
statute
apply
extraterritorially
reason
include
exemption
certain
category
individuals
employed
outside
brief
petitioner
pp
since
statute
jurisdictional
provisions
possibly
read
confer
coverage
upon
aliens
employed
outside
petitioners
conclude
congress
rationally
enacted
exemption
employment
aliens
abroad
intended
foreclose
potential
extraterritorial
applications
statute
respondents
resist
petitioners
interpretation
alien
exemption
provision
assert
two
alternative
raisons
language
first
contend
since
aliens
included
statute
definition
employee
definition
commerce
includes
possessions
well
purpose
exemption
provide
employers
aliens
possessions
covered
statute
thus
outside
state
clause
means
outside
state
within
control
respondents
argue
reading
alien
exemption
provision
consistent
supported
historical
development
provision
congress
inclusion
provision
direct
response
interpretation
term
possessions
fair
labor
standards
act
connell
include
leased
bases
foreign
nations
within
control
brief
respondents
conclude
alien
exemption
provision
included
limit
impact
excluding
coverage
employers
aliens
areas
control
encompassed
within
title
vii
definition
term
state
second
respondents
assert
negative
implication
exemption
confirm
coverage
aliens
contend
interpretation
consistent
conclusion
espinoza
farah
mfg
aliens
within
protected
discrimination
title
vii
uses
term
individual
rather
citizen
alien
exemption
provision
petitioners
correct
alien
exemption
clause
means
statute
applies
employers
overseas
see
way
distinguishing
application
employers
foreign
employers
thus
french
employer
citizen
france
subject
title
vii
result
even
petitioners
balk
eeoc
assures
us
view
term
employer
means
american
employer
distinction
statute
indication
eeoc
normal
course
administration
produced
reasoned
basis
distinction
without
clearer
evidence
congressional
intent
contained
alien
exemption
clause
unwilling
ascribe
body
policy
raise
difficult
issues
international
law
imposing
country
employment
discrimination
regime
upon
foreign
corporations
operating
foreign
commerce
conclusion
fortified
elements
statute
suggesting
purely
domestic
focus
statute
whole
indicates
concern
unduly
interfere
sovereignty
laws
see
stating
title
vii
construed
exclude
operation
state
law
invalidate
state
law
unless
inconsistent
purposes
act
requiring
eeoc
accord
substantial
weight
findings
state
local
authorities
proceedings
state
local
law
providing
nothing
title
vii
shall
affect
application
state
local
law
unless
law
requires
permits
practices
unlawful
title
vii
provisions
addressing
deferral
state
discrimination
proceedings
title
vii
consistently
speaks
terms
state
proceedings
fails
even
mention
foreign
nations
foreign
proceedings
similarly
congress
failed
provide
mechanisms
overseas
enforcement
title
vii
instance
statute
venue
provisions
extraterritorial
application
provide
venue
judicial
district
state
certain
matters
related
employer
occurred
located
limited
investigative
authority
provided
eeoc
permitting
commission
issue
subpoenas
witnesses
documents
anyplace
territory
possession
thereof
suggests
congress
intend
statute
apply
abroad
also
reasonable
conclude
congress
intended
title
vii
apply
overseas
addressed
subject
conflicts
foreign
laws
procedures
amending
age
discrimination
employment
act
stat
amended
et
seq
adea
apply
abroad
congress
specifically
addressed
potential
conflicts
foreign
law
providing
unlawful
employer
take
action
prohibited
adea
practices
involve
employee
workplace
foreign
country
compliance
adea
cause
employer
violate
laws
country
workplace
located
title
vii
contrast
fails
address
conflicts
laws
nations
finally
eeoc
one
two
federal
agencies
primary
responsibility
enforcing
title
vii
argues
defer
consistent
construction
title
vii
first
formally
expressed
statement
issued
oral
argument
fifth
circuit
initial
decision
case
policy
statement
eeoc
bna
apr
apply
discrimination
american
citizens
outside
brief
petitioner
citing
letter
eeoc
general
counsel
testimony
chairman
decision
commission
argues
consistent
administrative
interpretations
reinforce
conclusion
congress
intended
title
vii
apply
abroad
general
electric
gilbert
addressed
proper
deference
afforded
eeoc
guidelines
recognizing
congress
enacting
title
vii
confer
upon
eeoc
authority
promulgate
rules
regulations
held
level
deference
afforded
depend
upon
thoroughness
evident
consideration
validity
reasoning
consistency
earlier
later
pronouncements
factors
give
power
persuade
lacking
power
control
quoting
skidmore
swift
eeoc
interpretation
fare
well
standards
initial
matter
position
taken
commission
contradicts
position
enunciated
earlier
date
closer
enactment
governing
statute
general
electric
supra
commission
early
pronouncements
issue
supported
conclusion
statute
limited
domestic
application
see
cfr
title
vii
protects
individuals
citizen
noncitizens
domiciled
residing
discrimination
basis
race
color
religion
sex
national
origin
commission
later
intimated
statute
applied
abroad
position
expressly
reflected
policy
guidelines
years
passage
statute
eeoc
offers
basis
experience
change
eeoc
interpretation
statute
thus
neither
contemporaneous
enactment
consistent
since
statute
came
law
discussed
also
lacks
support
plain
language
statute
wholly
discount
weight
given
guideline
persuasive
value
limited
judged
standards
set
forth
skidmore
accord
southeastern
community
college
davis
sec
sloan
espinoza
farah
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view
even
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combination
petitioners
arguments
eeoc
interpretation
insufficiently
weighty
overcome
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today
buttressed
fact
hen
desires
congress
knows
place
high
seas
within
jurisdictional
reach
statute
argentine
republic
amerada
hess
shipping
congress
awareness
need
make
clear
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statute
applies
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amply
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occasions
expressly
legislated
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application
statute
see
export
administration
act
supp
iii
ed
defining
person
include
domestic
concern
including
permanent
domestic
establishment
foreign
concern
foreign
subsidiary
affiliate
including
permanent
foreign
establishment
domestic
concern
controlled
fact
domestic
concern
coast
guard
act
coast
guard
searches
seizures
upon
high
seas
criminal
code
extends
high
seas
customs
enforcement
high
seas
comprehensive
act
ed
supp
definition
national
natural
person
citizen
logan
act
applying
act
ny
citizen
wherever
may
indeed
several
courts
held
adea
apply
overseas
congress
amended
provide
term
employee
includes
individual
citizen
employed
employer
workplace
foreign
country
congress
also
amended
employer
controls
corporation
whose
place
incorporation
foreign
country
practice
corporation
prohibited
section
shall
presumed
practice
employer
expressed
purpose
changes
mak
provisions
act
apply
citizens
employed
foreign
countries
corporations
subsidiaries
congress
wish
may
similarly
amend
title
vii
able
calibrate
provisions
way
petitioners
failed
present
sufficient
affirmative
evidence
congress
intended
title
vii
apply
abroad
accordingly
judgment
appeals
affirmed
title
vii
defines
employee
individual
employed
employer
except
term
employee
shall
include
person
elected
public
office
state
political
subdivision
state
qualified
voters
thereof
person
chosen
officer
officer
personal
staff
appointee
policy
making
level
immediate
adviser
respect
exercise
constitutional
legal
powers
office
exemption
set
forth
preceding
sentence
shall
include
employees
subject
civil
service
laws
state
government
government
agency
political
subdivision
justice
scalia
concurring
part
concurring
judgment
join
judgment
opinion
except
portion
ante
asserting
views
equal
employment
opportunity
commission
respect
particular
point
issue
apparently
general
matter
entitled
deference
normally
accorded
administrative
agencies
chevron
natural
resources
defense
council
case
relied
upon
proposition
eeoc
interpretations
force
derived
power
persuade
decided
era
disposed
give
deference
opposed
persuasive
force
legislative
regulations
reasoning
general
electric
gilbert
eeoc
singled
agencies
entitled
deference
eeoc
guidelines
like
guidelines
agencies
without
explicit
rulemaking
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legislative
rules
therefore
accorded
deference
see
era
treatment
agency
positions
governed
chevron
legislative
rules
action
dichotomy
gilbert
anachronism
even
correct
description
anachronism
say
gilbert
held
eeoc
opposed
agency
action
legislative
rules
entitled
deference
recognized
three
years
ago
eeoc
commercial
office
products
case
rather
gilbert
last
word
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eeoc
said
language
quite
familiar
cases
following
chevron
eeoc
interpretation
ambiguous
language
need
reasonable
entitled
deference
id
commercial
office
products
overruled
even
mentioned
today
opinion
state
law
regarding
deference
eeoc
left
unsettled
resolve
cases
assuming
without
deciding
eeoc
entitled
deference
particular
point
question
deference
abdication
requires
us
accept
agency
interpretations
reasonable
light
principles
construction
courts
normally
employ
given
presumption
extraterritoriality
accurately
describes
requirement
intent
overcome
clearly
expressed
view
reasonable
give
effect
mere
implications
statutory
language
eeoc
done
cf
sunstein
law
administration
chevron
points
join
opinion
justice
marshall
justice
blackmun
justice
stevens
join
dissenting
like
issue
statutory
construction
question
whether
title
vii
protects
citizens
discrimination
employers
abroad
turns
solely
congressional
intent
majority
recognizes
inquiry
congressional
intent
setting
informed
traditional
canon
construction
teaches
legislation
congress
unless
contrary
intent
appears
meant
apply
within
territorial
jurisdiction
foley
filardo
contrary
one
conclude
majority
analysis
canon
clear
statement
rule
application
relieves
duty
give
effect
available
indicia
legislative
rather
case
law
applying
presumption
extraterritoriality
well
illustrates
may
properly
rely
presumption
exhausting
traditional
tools
whereby
unexpressed
congressional
intent
may
ascertained
ibid
tools
brought
bear
issue
case
conclusion
inescapable
congress
intend
title
vii
protect
citizens
discrimination
employers
operating
overseas
consequently
dissent
supplies
driving
force
majority
analysis
start
canon
legislation
congress
unless
contrary
intent
appears
meant
apply
within
territorial
jurisdiction
ibid
majority
recasts
principle
need
make
clear
statement
statute
applies
overseas
ante
emphasis
added
conceived
presumption
extraterritoriality
allows
majority
derive
meaning
various
instances
statutory
silence
congress
failure
instance
mention
foreign
nations
foreign
proceedings
ante
provide
mechanisms
overseas
enforcement
addres
subject
conflicts
foreign
laws
procedures
ante
points
majority
relies
reformulation
presumption
avoid
need
choose
competing
interpretations
affirmative
statutory
language
majority
concludes
speak
directly
question
extraterritoriality
ante
emphasis
added
view
majority
grossly
distorts
effect
rule
construction
upon
conventional
techniques
statutory
interpretation
extensive
discussion
presumption
extraterritoriality
found
foley
brothers
supra
issue
case
whether
eight
hour
law
statute
regulating
length
workday
employees
hired
perform
contractual
work
applied
construction
projects
foreign
nations
noting
assumption
congress
primarily
concerned
domestic
conditions
concluded
nothing
act
amended
legislative
history
lead
belief
congress
entertained
intention
normal
one
case
put
particular
emphasis
scheme
act
including
congress
failure
draw
distinction
therein
laborers
aliens
citizens
absence
distinction
explained
indicates
statute
intended
apply
places
labor
conditions
citizen
alien
employees
probable
concern
congress
ibid
also
engaged
extended
analyses
legislative
history
statute
see
pertinent
administrative
interpretations
see
range
factors
considered
foley
brothers
demonstrates
presumption
extraterritoriality
clear
statement
rule
rules
operate
less
reveal
actual
congressional
intent
shield
important
values
insufficiently
strong
legislative
intent
displace
see
webster
doe
atascadero
state
hospital
scanlon
kent
dulles
apply
rules
foreclose
inquiry
extrinsic
guides
interpretation
see
dellmuth
muth
even
compel
courts
select
less
plausible
candidates
within
range
permissible
constructions
see
edward
debartolo
florida
gulf
coast
building
construction
trades
council
analysis
foley
brothers
means
narrowly
constrained
indeed
considered
entire
range
conventional
sources
whereby
unexpressed
congressional
intent
may
ascertained
emphasis
added
including
legislative
history
statutory
structure
administrative
interpretations
subsequent
applications
presumption
extraterritoriality
confirm
imposed
drastic
clear
statement
burden
upon
congress
giving
effect
intention
particular
enactment
apply
beyond
national
boundaries
see
steele
bulova
watch
relying
broad
jurisdictional
grant
find
intention
lanham
act
applies
abroad
majority
converts
presumption
extraterritoriality
clear
statement
rule
part
selective
quotation
thus
majority
reports
new
york
central
chisholm
declined
construe
federal
employers
liability
act
apply
extraterritorially
concluded
statute
contains
words
definitely
disclose
intention
give
extraterritorial
effect
ante
quoting
majority
omits
remainder
quoted
sentence
circumstances
require
inference
purpose
emphasis
added
similarly
majority
notes
mcculloch
sociedad
nacional
de
marineros
de
honduras
find
specific
language
national
labor
relations
act
indicating
congress
expected
statute
apply
ships
ante
quoting
full
sentence
benz
compania
naviera
hidalgo
petitioners
unable
point
specific
language
act
extensive
legislative
history
reflects
congressional
intent
emphasis
added
majority
also
overstates
strength
presumption
drawing
language
cases
involving
wholly
independent
rule
construction
act
congress
never
construed
violate
law
nations
possible
construction
remains
mcculloch
sociedad
nacional
supra
quoting
charming
betsy
cranch
marshall
see
benz
compania
naviera
hidalgo
issue
benz
whether
labor
management
relations
act
applie
controversy
involving
damages
resulting
picketing
foreign
ship
operated
entirely
foreign
seamen
foreign
articles
vessel
temporarily
american
port
construing
statute
apply
circumstances
displaced
labor
regulations
founded
law
another
nation
applicable
solely
foreign
nationals
language
quoted
majority
opinion
see
ante
stated
must
present
affirmative
intention
congress
clearly
expressed
infer
congress
intended
courts
enter
delicate
field
international
relations
benz
supra
similarly
mcculloch
focused
absence
affirmative
intention
congress
clearly
expressed
declining
apply
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labor
relations
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vessels
foreign
crews
quoting
benz
supra
extraterritorial
application
mcculloch
violated
rule
international
law
law
flag
state
ordinarily
governs
internal
affairs
ship
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issued
state
department
see
far
equating
benz
mcculloch
clear
statement
rule
foley
presumption
extraterritoriality
recognized
benz
mcculloch
reserved
settings
extraterritorial
application
statute
implicat
sensitive
issues
authority
executive
relations
foreign
nations
nlrb
catholic
bishop
chicago
see
weinberger
rossi
mcculloch
rule
designed
avoid
constructions
raise
foreign
policy
implications
longshoremen
ariadne
shipping
declining
follow
benz
mcculloch
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citizens
employed
foreign
vessels
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mcculloch
benz
presumption
permits
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comity
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law
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nation
see
nlrb
catholic
bishop
chicago
supra
nothing
nearly
dramatic
stake
congress
merely
seeks
regulate
conduct
nationals
abroad
see
steele
bulova
watch
supra
skiriotes
florida
petitioners
advance
construction
title
vii
extend
extraterritorial
reach
nationals
weak
presumption
foley
brothers
strict
clear
statement
rule
benz
mcculloch
govern
inquiry
foley
brothers
free
invoke
presumption
extraterritoriality
exhausted
available
indicia
congress
intent
subject
indicia
consulted
given
effect
case
believe
question
congress
intended
title
vii
protect
citizens
discrimination
employers
abroad
ii
title
vii
shall
unlawful
employment
practice
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
terms
broad
enough
encompass
discrimination
employers
abroad
nothing
text
statute
indicates
protection
individual
employment
discrimination
depends
location
individual
workplace
anything
statute
indicate
employers
whose
businesses
affect
commerce
state
place
outside
thereof
exempted
discriminatory
conduct
occurs
beyond
nation
borders
conceding
plausible
infer
breadth
statute
central
prohibition
congress
intended
title
vii
apply
extraterritorially
ante
majority
goes
considerable
lengths
show
language
sufficient
overcome
majority
clear
statement
conception
presumption
extraterritoriality
however
petitioners
claim
need
claim
given
additional
textual
evidence
congress
intent
language
consistent
legislative
expectation
title
vii
apply
extraterritorially
proposition
majority
dispute
confirmation
congress
fact
expect
title
vii
central
prohibition
extraterritorial
reach
supplied
alien
exemption
provision
alien
exemption
provision
title
vii
shall
apply
employer
respect
employment
aliens
outside
state
emphasis
added
absent
intention
title
vii
apply
outside
state
congress
reason
craft
extraterritorial
exemption
discrimination
aliens
exempted
employers
remain
accountable
discrimination
citizens
abroad
inference
arising
alien
exemption
provision
sufficient
rebut
presumption
extraterritoriality
compare
pennsylvania
union
gas
union
gas
considered
question
whether
congress
stated
sufficient
clarity
intention
abrogate
eleventh
amendment
immunity
comprehensive
environmental
response
compensation
liability
act
based
limited
exemption
provision
directed
concluded
congress
spoken
sufficient
clarity
absent
background
understanding
general
terms
statute
made
amenable
suit
explained
limited
exemption
en
unnecessary
logic
sufficiently
sharp
pierce
dense
armor
afforded
clear
statement
abrogation
rule
atascadero
state
hospital
scanlon
accord
dellmuth
muth
logic
necessarily
overcomes
much
weaker
presumption
extraterritoriality
recognized
foley
brothers
history
alien
exemption
provision
confirms
inference
congress
expected
title
vii
extraterritorial
application
explained
foley
brothers
declined
construe
eight
hour
law
apply
extraterritorially
large
part
absence
distinction
citizen
alien
labor
law
unless
read
distinction
statute
forced
conclude
congress
intended
regulate
working
hours
citizen
iran
chanced
employed
public
work
foreign
land
intention
regulate
labor
conditions
primary
concern
foreign
country
attributed
congress
absence
clearly
expressed
purpose
section
act
limited
exception
provided
employers
respect
employment
aliens
outside
state
intent
exemption
remove
conflicts
law
might
otherwise
exist
foreign
nation
employment
aliens
outside
american
enterprise
sess
emphasis
added
reprinted
civil
rights
hearings
amended
subcommittee
committee
judiciary
sess
civil
rights
hearings
notwithstanding
basic
rule
construction
requiring
courts
give
effect
statutory
language
see
reiter
sonotone
majority
never
advances
alternative
explanation
alien
exemption
provision
consistent
majority
conclusion
congress
intended
title
vii
purely
domestic
focus
closest
majority
comes
attempting
give
meaning
alien
exemption
provision
identify
without
endorsement
two
alternative
raisons
language
offered
respondents
ante
neither
explanations
even
minimally
persuasive
first
suggestion
alien
exemption
provision
indicates
negative
implication
merely
aliens
covered
title
vii
employed
construction
hardly
makes
sense
statutory
language
whole
indeed
hardly
makes
sense
respondent
construction
statute
one
neither
citizen
alien
protected
discrimination
abroad
thus
order
credit
respondent
interpretation
alien
exemption
provision
must
attribute
congress
decision
enact
completely
superfluous
exemption
solely
means
signaling
intent
aliens
protected
employment
discrimination
nation
addition
extremely
improbable
legislative
subterfuge
completely
unnecessary
indicated
espinoza
farah
mfg
congress
clearly
communicated
intent
cover
aliens
working
country
prohibiting
discrimination
individual
see
respondent
second
explanation
congress
included
alien
exemption
provision
anticipation
courts
otherwise
construe
title
vii
apply
companies
employing
aliens
possessions
outcome
supposedly
dictated
decision
connell
explanation
may
well
true
corroborates
conclusion
congress
expected
title
vii
apply
extraterritorially
although
fixed
legal
meaning
term
possession
see
clear
possessions
like
foreign
nations
extraterritorial
jurisdictions
presumption
extraterritorial
application
statute
attaches
see
foley
supra
one
rule
construction
applies
types
jurisdiction
following
foley
brothers
reached
conclusion
applicability
title
vii
companies
employing
aliens
possessions
companies
employing
aliens
foreign
nations
consequently
congress
believed
alien
exemption
provision
necessary
protect
employers
former
class
much
reason
believe
provision
necessary
protect
employers
latter
case
specific
history
surrounding
alien
exemption
provision
makes
clear
congress
situation
employers
employing
citizens
foreign
countries
foreign
lands
firmly
mind
enacted
provision
supra
emphasis
added
rather
attempting
reconcile
interpretation
title
vii
language
legislative
history
alien
exemption
provision
majority
contents
pointing
various
legislative
silences
majority
view
communicate
congressional
intent
limit
title
vii
instances
domestic
employment
discrimination
particular
majority
claims
congress
intended
give
title
vii
extraterritorial
reach
addressed
subject
conflicts
foreign
laws
procedures
ante
provide
mechanisms
overseas
enforcement
including
special
venue
provisions
extraterritorial
investigatory
powers
equal
employment
opportunity
commission
eeoc
see
ibid
majority
also
emphasizes
congress
failure
draw
express
distinction
extraterritorial
application
title
vii
employers
extraterritorial
application
title
vii
foreign
employers
see
ante
view
none
supposed
omissions
detracts
conclusion
congress
intended
title
vii
apply
extraterritorially
majority
simply
incorrect
claim
congress
disregarded
subject
conflicts
foreign
law
congress
addressed
concern
enacting
alien
exemption
provision
announced
purpose
remove
conflicts
law
might
otherwise
exist
foreign
nation
employment
aliens
outside
american
enterprise
reprinted
civil
rights
hearings
emphasis
added
explained
alien
exemption
provision
tailored
avert
type
potential
conflict
prevented
construing
eight
hour
law
apply
extraterritorially
foley
brothers
congress
gone
addressing
topic
conflicts
position
balance
struck
congress
respect
majority
also
misrepresents
character
title
vii
venue
provisions
title
vii
provides
venue
proper
various
districts
related
underlying
charge
discrimination
also
employer
found
within
district
action
may
brought
within
judicial
district
employer
principal
office
principal
office
venue
extend
employer
business
abroad
identical
language
found
venue
provision
jones
act
appropriate
circumstances
applies
injuries
occurring
outside
territorial
jurisdiction
see
generally
hellenic
lines
rhoditis
title
vii
limit
reach
subpoena
power
eeoc
see
limitation
detract
potential
extraterritorial
reach
agency
investigatory
powers
see
ftc
compagnie
de
app
territorial
limitation
subpoena
power
prevent
extraterritorial
investigations
moreover
congress
also
declined
give
power
either
eeoc
age
discrimination
employment
act
adea
securities
exchange
commission
securities
exchange
act
even
though
former
statute
expressly
applies
abroad
latter
widely
recognized
see
turley
rome
multinational
misconduct
presumption
extraterritoriality
short
simply
correlation
scope
agency
subpoena
power
extraterritorial
reach
statute
agency
charged
enforcing
finally
majority
overstates
importance
congress
failure
expressly
disclaim
extraterritorial
application
title
vii
foreign
employers
discussed
cases
recognize
application
law
nationals
abroad
ordinarily
raises
considerably
less
serious
questions
international
comity
application
law
foreign
nationals
abroad
see
steele
bulova
watch
skiriotes
florida
latter
situation
typically
presents
foreign
policy
concerns
underlie
rule
mcculloch
benz
two
different
rules
construction
apply
depending
national
identity
regulated
parties
statute
might
construed
apply
extraterritorially
nationals
foreign
nationals
compare
steele
bulova
watch
supra
applying
lanham
act
national
conduct
abroad
vanity
fair
mills
eaton
declining
apply
lanham
act
foreign
national
conduct
abroad
cert
denied
cf
webster
doe
finding
language
statute
different
meanings
depending
applicability
different
rules
construction
legislative
history
title
vii
moreover
furnishes
direct
support
construction
see
explaining
alien
exemption
provision
applies
employment
aliens
outside
american
enterprise
emphasis
added
reprinted
civil
rights
hearings
alien
exemption
provision
directed
employers
employing
citizens
foreign
countries
foreign
lands
emphasis
added
see
also
eeoc
policy
statement
bna
eeoc
compliance
manual
april
construing
nationality
employer
abroad
significant
title
vii
thus
although
issue
us
case
loss
interpretive
resources
narrowing
title
vii
extraterritorial
reach
employers
construction
necessary
order
avoid
conflicts
foreign
law
iii
extraterritorial
application
title
vii
supported
language
legislative
history
also
pertinent
administrative
interpretations
see
foley
bros
since
eeoc
record
construing
title
vii
apply
companies
employing
citizens
abroad
section
provides
unlawful
discriminate
individual
respect
employment
exception
individual
appears
contained
section
aliens
working
outside
employees
certain
religious
educational
institutions
giving
section
normal
meaning
indicate
congressional
intent
exclude
coverage
statute
aliens
employed
covered
employers
working
employers
operations
outside
reason
exclusions
obvious
employment
conditions
foreign
countries
beyond
control
congress
section
similarly
exempt
provisions
act
citizens
employed
abroad
employers
section
meaning
therefore
necessary
construe
expressing
congressional
intent
extend
coverage
title
vii
include
employment
conditions
citizens
overseas
operations
domestic
corporations
time
excludes
aliens
domestic
corporation
operation
statute
letter
carey
eeoc
general
counsel
senator
frank
church
mar
reprinted
app
case
moreover
eeoc
interpretation
reinforced
longstanding
interpretation
department
justice
agency
secondary
enforcement
responsibility
title
vii
see
sheet
metal
workers
eeoc
plurality
opinion
deference
owed
department
justice
interpretation
title
vii
stating
position
department
attorney
general
scalia
testified
congress
respect
discrimination
employment
private
companies
individuals
title
vii
civil
rights
act
amended
prohibits
broad
range
unlawful
employment
practices
private
employer
engaged
industry
affecting
commerce
fifteen
employees
statute
contains
exemption
respect
employment
aliens
outside
state
implies
applicable
employment
citizens
covered
employers
anywhere
world
foreign
investment
arab
boycott
legislation
hearings
subcommittee
international
finance
senate
committee
banking
housing
urban
affairs
conclusion
based
misreading
obviously
follow
eeoc
recognition
title
vii
applies
citizens
noncitizens
domiciled
residing
agency
understood
title
vii
apply
one
outside
context
regulation
confirms
eeoc
meant
thing
agency
promulgated
order
announce
interpretation
title
vii
ban
discrimination
see
agency
emphasized
title
vii
protects
individuals
citizens
noncitizens
domiciled
residing
underscore
neither
citizenship
residency
status
individual
affects
statutory
prohibition
indeed
eeoc
stated
title
vii
protects
citizens
noncitizens
discrimination
outside
interpretation
inconsistent
alien
exemption
provision
time
effect
eeoc
representing
congress
title
vii
protect
citizens
discrimination
employers
abroad
see
letter
william
carey
eeoc
general
counsel
supra
majority
insistence
eeoc
contradicting
fails
give
agency
deference
due
interpretation
regulations
see
udall
tallman
sum
reason
give
effect
considered
consistently
expressed
views
two
agencies
assigned
enforce
title
vii
iv
hands
majority
presumption
extraterritoriality
transformed
valid
approach
whereby
unexpressed
congressional
intent
may
ascertained
foley
barrier
genuine
inquiry
sources
reveal
congress
actual
intentions
language
history
administrative
interpretations
statute
support
application
title
vii
companies
employing
citizens
abroad
dissent
footnotes
also
worth
noting
although
construed
mcculloch
benz
embodying
clear
statement
rule
see
nlrb
catholic
bishop
chicago
benz
see
mcculloch
see
consulted
legislative
history
statutes
issue
cases
concluding
neither
applied
facts
purposes
title
vii
term
state
includes
state
district
columbia
puerto
rico
virgin
islands
american
samoa
guam
wake
island
canal
zone
outer
continental
shelf
lands
defined
outer
continental
shelf
lands
act
et
alien
exemption
provision
originally
part
sess
reprinted
civil
rights
hearings
bill
along
others
incorporated
amendments
immaterial
alien
exemption
provision
bill
became
civil
rights
act
see
cong
additional
views
meader
committee
report
accompanying
likewise
incorporated
record
committee
hearings
held
various
bills
derived
see
civil
rights
hearings
presumption
overcome
legislation
issue
case
expressly
applied
possessions
see
see
also
foley
addition
citizen
suffers
employment
discrimination
abroad
may
bring
title
vii
action
employer
state
see
yellow
freight
system
donnelly
venue
provisions
title
vii
clearly
apply
see
bainbridge
merchants
miners
transp
congress
amendment
adea
give
extraterritorial
application
reflect
congressional
intent
title
vii
confined
domestic
application
congress
amended
adea
response
lower
decisions
construing
adea
apply
domestically
decisions
distinguished
adea
title
vii
respect
noting
former
contain
provision
analogous
alien
exemption
provision
see
cleary
lines
see
also
pfeiffer
wm
wrigley
sponsors
adea
amendment
explained
make
adea
title
vii
coextensive
extraterritorial
reach
see
statement
grassley