Margaux de Chien, a naturalized U.S. citizen, was born in France. She went to work for Vin Enterprises, a wholly owned subsidiary of a Delaware corporation licensed to do business in Colorado. The parent company, Spanish Wines Are Us, has its principal place of business in Spain. Margaux worked in the United States for two years and then was transferred, at her request, to the company headquarters in Spain. Unfortunately, Margaux did not get along well in Spain. It seems that she was always being harassed because of her strong feelings about the superiority of French versus Spanish wine and culture. After three years at Vin Enterprises in Spain, Margaux was terminated. Margaux filed a charge of discrimination with the Equal Employment Opportunity Commission, seeking relief under both Colorado law and Title VII of the Civil Rights Act of 1964 on the ground that Vin Enterprises discriminated against her and ultimately fired her because of her national origin. Vin Enterprises claimed that Title VII does not apply to the employment practices of U.S. employers who are subsidiaries of foreign-owned companies doing business in their home countries. What is the result? Discuss the legal and ethical aspects of this case using the critical thinking approach set out in Chapter 1 of this text.
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