This Note will first examine the language of Title VII and the "of their choice" provision. It will then discuss the Second and Fifth Circuits' resolutions of the two issues faced by these courts. This Note will analyze the courts of appeals decisions of the two issues in light of Supreme Court interpretations of treaties. Finally, this Note will discuss whether the treaty's "of their choice" provision grants an absolute right or whether it accords a limited right which allows foreign employers to discriminate only on the basis of national origin when hiring personnel essential for the management and control of their investment.
Dushica D. Babich,
Discriminatory Hiring Practices by Foreign Corporations in the United States– A Limited Right,
5 Fordham Int'l L.J. 509
Available at: http://ir.lawnet.fordham.edu/ilj/vol5/iss2/10