Since COVID reshaped the workplace, remote work has exploded. Employees now clock in from bedrooms, kitchen tables, airports, and yes—other countries. With work happening everywhere, many employees assume that employment discrimination laws automatically follow them wherever their laptop goes. That makes sense in theory, but federal protections do not always match the realities of remote work.
Under Title VII of the Civil Rights Act of 1964, coverage depends on who you are and where you are, not simply whether the employer is based in the United States. U.S. citizens working abroad for U.S. employers generally remain protected. Non-citizens working abroad, however, are not. That distinction was the entire reason the plaintiff in Khan v. Crossover Market, LLC, 2025 WL 3187917, lost his case.
Kaukab Khan lived in India when he applied for a remote research analyst job with Trilogy. He believed he met the qualifications. After applying, he alleged the employer changed the posting to require applicants to live in certain time zones to “facilitate working with Americans,” which automatically excluded him. Khan viewed this as race discrimination and national origin discrimination and also attempted a retaliation claim.
Khan filed charges and later sued for race/color discrimination, national origin discrimination, and retaliation, seeking one million dollars in damages. The district court dismissed the case under 28 U.S.C. § 1915(e), and the United States Court of Appeals for the Fifth Circuit affirmed, holding that a claim is frivolous when it “lacks an arguable basis either in law or in fact.” The Fifth Circuit then held that Title VII “does not apply to employees overseas unless they are American citizens,” and further held that retaliation did not apply because Khan was never an employee of either company. His claims never reached the merits for one simple reason: Khan was a non-citizen living abroad, and Title VII does not extend to non-citizens outside U.S. territory.
What Rights Does an Employee Have Under Title VII When an Employer Shows Discriminatory Bias?
Federal employment law exists to make sure an employee does not lose a job, a promotion, or a paycheck because an employer acted out of discriminatory bias. Three major federal statutes form the backbone of these protections: Title VII, Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act of 1967 (“ADEA”). Together, they define the basic rights employees inside the United States rely on every day.
Title VII prohibits employment discrimination based on race discrimination, gender discrimination, gender identity discrimination, sexual orientation discrimination, national origin discrimination, and religious discrimination. Whether an employee is wrongfully fired, denied a promotion, or ignored during hiring, Title VII requires employers to base decisions on merit—not bias. Title VII also protects an employee from retaliation when an employer punishes them for reporting discriminatory conduct.
The ADA protects against disability discrimination and requires reasonable accommodations unless doing so creates an undue hardship. It ensures that disability is not used as an excuse to exclude, sideline, or force an employee out of the workplace.
The ADEA protects employees age 40 and older from age discrimination. Without it, an employer could replace experienced workers with younger ones simply because they preferred someone younger or cheaper.
Together, these laws ensure that United States citizens have meaningful protections against employment discrimination, wrongful termination, and retaliation.
Practical Tip: If you work in the United States and notice that an employer’s decision seems tied to a protected category, save emails, postings, and messages that concerned you. A lawyer can use this documentation to evaluate whether your rights were violated.
Best National Origin Discrimination Lawyer Blogs on Point:
- What Is The Statute Of Limitations For Race, National Origin, Religion And Retaliation?
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Are Remote Non-Citizen Employees Living Overseas Protected by Title VII?
Remote work may feel borderless, but Title VII is not. The Fifth Circuit’s holding in Khan v. Crossover Market, LLC draws a firm line: Title VII “does not apply to employees overseas unless they are American citizens.” That one sentence determined the entire outcome.
Khan was a non-citizen living in India when he applied for a remote job. After he applied, the posting allegedly changed to include a time-zone requirement designed to “facilitate working with Americans.” Inside the United States, that kind of shift could raise serious concerns about employment discrimination and retaliation. But because the statute does not cover non-citizens living abroad, Khan was not considered a covered employee under 42 U.S.C. § 2000e(f). Without coverage, the door to Title VII was closed before his claims could be evaluated.
The Fifth Circuit also held that he could not pursue retaliation because he “was never employed by either of the Defendants.” Retaliation protections apply only to covered employees or applicants within the statute’s reach.
For remote workers inside the United States, the rule is entirely different. A U.S.-based employee denied a job after suspicious policy changes, or wrongfully fired after reporting discriminatory conduct, would have access to protections covering discrimination, wrongful termination, and retaliation. Khan’s case turned on geography and citizenship, not the strength of his discrimination allegations.
Practical Tip: If you work remotely inside the United States and an employer’s decisions raise red flags, talk to an employment law attorney promptly. Coverage depends on where you work, not where the employer is located.
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- How Specific Do My Complaints Of Race Discrimination Need To Be?
Are U.S. Citizens Working Abroad Still Protected From Employment Discrimination?
Remote work didn’t just change where people work—it changed where they can live. Many U.S. employees now take their jobs with them while traveling, studying, or temporarily relocating abroad. What most employees don’t realize is that federal employment discrimination protections often travel with them. Under Title VII, the ADA, and the ADEA, U.S. citizens working overseas for American employers remain protected, even when performing their jobs outside the country.
This protection is written directly into federal law. As Congress included this rule to ensure that an employer could not escape liability by shifting an employee abroad and then engaging in conduct that would clearly violate employment law in the United States.
This means a U.S. citizen abroad is still protected from race discrimination, gender discrimination, gender identity discrimination, sexual orientation discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination, and retaliation. Whether they are completing assignments from London, Tokyo, or a beachside café in Costa Rica makes no difference—the employer must still follow federal law.
For U.S. citizens working overseas, this is an important safety net. Even outside the country, an employee retains core rights preventing an employer from using discriminatory bias to hire, fire, demote, or retaliate.
Practical Tip: If you are a U.S. citizen working abroad for an American employer and you notice decisions that seem rooted in bias or retaliation, save the communications and job-related documents involved. An experienced employment law attorney can help evaluate your rights under U.S. law—even while you are abroad.
Best Wrongful Termination Law Firm Blogs on Point:
- Avoid Missed Deadlines: Win Your Wrongful Termination Case
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How Can an Employee Find a Lawyer Who Fights Hard Against Employer Discrimination?
Employees facing employment discrimination, retaliation, or wrongful termination often feel overwhelmed by the power imbalance. Choosing the best attorney can change everything. Spitz, The Employee’s Law Firm is one of the largest employee-rights law firms in the United States, giving employees more resources, more staff, and more experience than most firms in this field. Because the firm represents employees exclusively, every lawyer and attorney at Spitz is focused solely on fighting employer discrimination—not defending it.
Spitz offers a free initial consultation and a no-fee guarantee, allowing employees to speak with an attorney without worrying about cost. The firm brings extensive trial experience and a long history of meaningful results in cases involving race discrimination, national origin discrimination, gender discrimination, gender identity discrimination, sexual orientation discrimination, religious discrimination, disability discrimination, age discrimination, retaliation, and wrongful termination. With a deep commitment to empathy, advocacy, and accountability, Spitz works to ensure every employee feels supported, protected, and heard. If you believe you were wrongfully fired or targeted by discriminatory bias, calling Spitz may be the best step you can take to safeguard your career and your dignity.
Employment Lawyer Disclaimer
This workplace attorney blog provides general information about employment law, employee rights, discrimination, retaliation, wrongful termination, and related topics. It is not legal advice. You should consult with a qualified employment lawyer or attorney for advice specific to your situation. No promises or guarantees are being made. This blog is a legal advertisement and does not create an attorney-client relationship.