Introduction
Many U.S. citizens work for employers operating in foreign countries and of course many foreign companies operate within the United States. The following is a summary of when the ADA applies to foreign employment.
The ADA applies to:
A. U.S. employers with 15 or more employees
1. Conducting business in the U.S.
a. U.S. citizen employees – yes
b. Foreign employees – yes
2. Conducting business in a foreign country
a. U.S. citizen employees – yes, unless the foreign laws defense applies
b. Foreign employees – no
B. Foreign employers with 15 or more employees
1. Conducting business in the U.S.
a. U.S. citizen employees – yes, when the discrimination occurs within the U.S., absent constraints imposed by treaty or by binding international agreement
b. Foreign employees – yes, when the discrimination occurs within the U.S., absent constraints imposed by treaty or by binding international agreement
2. Conducting business in a foreign country
a. U.S. citizen employees – no, unless the foreign employer is controlled by an American employer or other covered entity and the foreign defense do not apply
b. Foreign employees – no
Situations and Solutions:
The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.
JAN Publications & Articles regarding Foreign and Multinational Employers
Articles
Blog Posts
- No Blog Posts available for Foreign and Multinational Employers