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LegalText 42 U.S.C. § 2000e1 Exemption us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 21 CIVIL RIGHTS 2000e1 42 U.S.C. § 2000e1 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s2000e1 data/legal/raw/us/code/title-42/usc42.xml 82932fea17cd0866e8c04e0bb7fc944b32dbabedf6381c0ab19e067db86aebba 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 6eb28f9551e36856b9f6b9940d7e1f31a7e84d08c73fe7f3bece705a4eaebb35 2026-07-04 official
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42 U.S.C. § 2000e1 - Exemption

Text

(a) Inapplicability of subchapter to certain aliens and employees of religious entities This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

(b) Compliance with statute as violative of foreign law It shall not be unlawful under section 2000e2 or 2000e3 of this title for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

(c) Control of corporation incorporated in foreign country (1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e2 or 2000e3 of this title engaged in by such corporation shall be presumed to be engaged in by such employer.

(2) Sections 2000e2 and 2000e3 of this title shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on—

(A) the interrelation of operations;

(B) the common management;

(C) the centralized control of labor relations; and

(D) the common ownership or financial control,

of the employer and the corporation.

(Pub. L. 88352, title VII, § 702, July 2, 1964, 78 Stat. 255; Pub. L. 92261, § 3, Mar. 24, 1972, 86 Stat. 103; Pub. L. 102166, title I, § 109(b)(1), Nov. 21, 1991, 105 Stat. 1077.)

Notes

Editorial Notes

Amendments1991—Pub. L. 102166 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1972—Pub. L. 92261 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.”

Statutory Notes and Related Subsidiaries

Effective Date of 1991 AmendmentAmendment by Pub. L. 102166 inapplicable to conduct occurring before Nov. 21, 1991, see section 109(c) of Pub. L. 102166, set out as a note under section 2000e of this title.