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Second Circuit Finds Employee Working Abroad Has No Remedy Under Section 1981 For Discriminatory Conduct Occurring Outside the United States

August 1, 2006

SHRM Online, August 2006

Lawrence Peikes

In Ofori-Tenkorang v. American Int’l Group, Inc., the U.S. Court of Appeals for the Second Circuit held that the Civil Rights Act of 1871, codified at 42 U.S.C. § 1981 (“Section 1981”), which prohibits race-based discrimination against “persons within the jurisdiction of the United States” in the making and enforcement of contracts, does not extend to discriminatory conduct occurring overseas.

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