Plaintiff, a United States citizen employed in Saudi Arabia, brought an employment discrimination suit against defendant, a U.S. corporation, alleging violations of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e (1982)). The U.S. Court of Appeals for the Fifth Circuit affirmed (per Davis, J.) the district court’s dismissal of the suit for lack of subject matter jurisdiction and held (two to one): (1) that neither the language nor the legislative history of title VII evinces a clearly expressed congressional intent to apply title VII outside U.S. borders; (2) that in the absence of clearly expressed congressional intent to the contrary, the presumption against extraterritoriality controls; and (3) that no “negative inference” extending the reach of title VII should be drawn from its “alien exemption” provision. Judge King’s dissent discussed international law principles not addressed by the majority. The Fifth Circuit subsequently granted on December 23, 1988, the petition for rehearing en banc submitted by plaintiff and various amici, including the Equal Employment Opportunity Commission (EEOC).
