Hastings International and Comparative Law Review


Matthew Orebic


In a treaty entered into before domestic civil rights legislation was enacted, the United States granted Japanese companies doing business in the United States an unconditional right to hire upper-level management of their choice. Because many Japanese companies choose only to hire Japanese citizens for their upper-level management positions, a conflict exists between the rights granted under the treaty and the mandates of Title VII of the Civil Rights Act. This Note examines this conflict and the attempts made by the Second and Fifth Circuits and the United States Supreme Court to reconcile treaty rights and ostensible Title VII violations.