Ali Boureslan v. Aramco - United States Court of Appeals for the Fifth Circuit

Ali Boureslan v. Aramco

By United States Court of Appeals for the Fifth Circuit

  • Release Date: 1988-10-17
  • Genre: Law

Description

Plaintiff, a naturalized citizen of the United States, brought an employment discrimination suit -- predicated upon Title VII and state law causes of action-against his employer, a United States corporation whose principal place of business is in Saudi Arabia. In his suit, plaintiff charged that while he was working in Saudi Arabia, his employer discriminated against him on the basis of his race, religion, and national origin. The employer contested plaintiffs claims of discrimination and, in addition, moved the district court to dismiss the entire action. The employer argued that the reach of Title VII does not extend to United States citizens employed abroad by United States employers and, therefore, that the district court lacked subject matter jurisdiction over plaintiffs claim. The district court agreed, granted the employers motion, and dismissed plaintiffs suit. On appeal, plaintiff--joined by the Equal Employment Opportunity Commission as amicus curiae--urges us to conclude, that Congress intended Title VII to apply extraterritorially to protect United States citizens employed by United States employers. We find, however, that the rules of statutory construction which control our review of Title VII do not permit the conclusion plaintiff urges--we cannot say that Congress, through either the language of Title VII or its legislative history, clearly expressed its intent that Title VII be applied extraterritorially. Therefore, we conclude that Title VII does not offer plaintiff an available remedy for his claimed discrimination and affirm the district court.

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