Antonin Scalia

“ Absent an intention that Title VII apply "outside any State," Congress would have had no reason to craft this extraterritorial exemption. And because only discrimination against aliens is exempted, employers remain accountable for discrimination against United States citizens abroad.
The inference arising from the alien-exemption provision is more than sufficient to rebut the presumption against extraterritoriality. ”

“ The agency promulgated § 1606.1 in order to announce its interpretation of Title VII's ban on national-origin discrimination. See §§ 1606.1 (a) - (b) , (d) . The agency emphasized that Title VII "protects all individuals, both citizens and noncitizens, domiciled or residing in the United States" only to underscore that neither the citizenship nor the residency status of an individual affects this statutory prohibition. ”

“ The reason for such exclusions is obvious; employment conditions in foreign countries are beyond the control of Congress. The section does not similarly exempt from the provisions of the Act, U.S.C.itizens employed abroad by U.S. employers. If Section [2000e-1] is to have any meaning at all, therefore, it is necessary to construe it as expressing a Congressional intent to extend the coverage of Title VII to include employment conditions of citizens in overseas operations of domestic corporations at the same time it excludes aliens of the domestic corporation from the operation of the statute. ”

“ It is the latter situation that typically presents the foreign-policy and conflicts-of-law concerns that underlie the clear-statement rule of McCulloch and Benz. Because two different rules of construction apply depending on the national identity of the regulated parties, the same statute might be construed to apply extraterritorially to United States nationals but not to foreign nationals. ”

“ At other points, the majority relies on its reformulation of the presumption to avoid the "need [to] choose between . . . competing interpretations" of affirmative statutory language that the majority concludes "does not speak directly to the question" of extraterritoriality. Ante, at 250 (emphasis added) . In my view, the majority grossly distorts the effect of this rule of construction upon conventional techniques of statutory interpretation.
Our most extensive discussion of the presumption against extraterritoriality can be found in Foley Brothers, supra. ”

“ The extraterritorial application of Title VII is supported not only by its language and legislative history but also by pertinent administrative interpretations. See Foley Bros., 336 U.S., at 288, 69 S.Ct., at 579. ”

“ Nothing nearly so dramatic is at stake when Congress merely seeks to regulate the conduct of United States nationals abroad. See Steele v. Bulova Watch Co., supra, 344 U.S., at 285-286, 73 S.Ct., at 255-256; Skiriotes v. Florida, 313 U.S. 69, 73-74, 61 S.Ct. 924, 927-928, 85 L.Ed. 1193 (1941) . [2]
Because petitioners advance a construction of Title VII that would extend its extraterritorial reach only to United States nationals, it is the weak presumption of Foley Brothers, not the strict clear-statement rule of Benz and Mc Culloch, Y that should govern our inquiry here. ”

“ Foreign Investment and Arab Boycott Legislation, Hearings before the Subcommittee on International Finance of the Senate Committee on Banking, Housing and Urban Affairs, 94th Cong., 1st Sess., 165 (1975) . ”