847 F. Supp. 2d 835
E.D. Va.2012Background
- Souryal, a Virginia resident, worked for Torres at the U.S. Embassy in Baghdad under a State Department contract.
- She became ill in May 2009 and received medical treatment at the Embassy Medical Unit, including quarantine and clinic visits.
- Her treating physician directed quarantine and regular clinic visits; she performed some work remotely from the Embassy during this period.
- On June 2–4, 2009, she evacuated from Baghdad per recommendations, and Torres stopped paying her on June 4, 2009.
- Newmyer told Souryal there was no available position upon her attempted return; she left Baghdad, returned to the United States on July 12, 2009, and repeatedly sought restoration to her former/comparable Embassy duties through August 2010.
- Souryal filed suit on June 15, 2011 alleging FMLA interference/termination and ERISA notice claims; the court later dismissed the FMLA claim for lack of extraterritorial application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FMLA applies extraterritorially to a worksite outside U.S. territory. | Souryal argues FMLA rights extend to employees working abroad. | Torres argues FMLA has no extraterritorial effect; embassy location is outside U.S. territory. | FMLA has no extraterritorial application; dismissed. |
Key Cases Cited
- Foley Brothers v. Filardo, 336 U.S. 281 (1949) (extraterritorial reach depends on congressional intent)
- EEOC v. Arabian American Oil Co. (Aramco), 499 U.S. 244 (1991) (Title VII not applied to U.S. employers abroad)
- Vermilya-Brown Co. v. Connell, 335 U.S. 377 (1948) (territorial jurisdiction depends on U.S. sovereignty over the region)
- United States v. Ayesh, 762 F. Supp. 2d 832 (E.D. Va. 2011) (embassy abroad not within U.S. territory for certain purposes)
- United States v. Passaro, 577 F.3d 207 (4th Cir. 2009) (foreign-sovereign immunity/territorial questions relevant to extraterritoriality)