When Does a Foreign Law Compel a U.S. Employer to Discriminate Against U.S. Expatriates?: A Modest Proposal for Reform

This article, authored by Tyler Paetkau of Littler's San Francisco office, examines the legislative history and evolving case law interpreting the "foreign compulsion" defense to otherwise clear violations of Title VII, the ADEA and the ADA. In the article he also offers a practical solution to help employers, employees and the courts determine when this defense applies to immunize U.S. employees from liability under these antidiscrimination laws.