Matthew Beanger presented the demand in the Federal Court of the USA UU against the University of New York and Nyu Shanghai earlier this year, alleging discrimination under the Law of Disabilities of Americans and Title VII of the Law on Civil Rights, among other laws of the Federal State and New York.
belanger, who claims that it was forced to accept degradation and illegally discriminated against disability, sex, national origin and race, occupies titles as a professor of assistant arts in Nyu Shanghai and a Cross Quote as Global. Professor of Network Assistant Arts in NYU.
But while Belanger has titles both in NYU and NYU Shanghai, both entities argue that he has no right to sue them in the courts of the United States.
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NYU argues that Belanger was hired to work, and signed a work contract with, NYU Shanghai, no NYU, and that any dispute is subject to Chinese laws and dispute resolution mechanisms.
Meanwhile, NYU Shanghai has affirmed that it is neither an employer of the USA UU nor a foreign entity controlled by an employer of the USA UU and, therefore, is not covered by The extraterritorial provisions of ADA and Title VII.
In fact, NYU Shanghai was at great lengths, in a document presented last year with the US team team opportunities commission. UU on Beanger's assertions, to argue that NYU Shanghai no It is controlled by NYU and, therefore, is not covered by the United States employment laws. NYU Shanghai said that despite the fact that his vice cameciller, Jeffrey S. Lehman said to a congressional committee in 2015 that NYU agreed to help establish NYU Shanghai, a joint university of Sino-EE. UU of academic freedom ".
Manual of the NYU SHANGHAI Faculty also describes NYU Shanghai as an "Academic Unit" of NYU.
however, in the document that was sent to the EEOC, NYU Shanghai argued that it is not controlled by NYU and, in addition, that it can not be, as the Chinese law "prohibits a foreign entity to have a Control of a Chinese academic institution. " googleg.cmd.push (function () googleg.display ("dfp-ad-article_in_article"););
NYU Shanghai argued that Chinese laws and policies "establish that foreign investment in the higher education sector is limited to schools and programs of executive foreigners (ie, programs established jointly by a Chinese party and A foreign party), on which the Chinese party must have control. This includes the requirement that chancellor should be a Chinese citizen, and that Board members appointed by Chinese Party should not be no less than half of half of The total board ".
NYU Shanghai also affirmed that Chinese and political laws "provide that Chinese-Foreign cooperation educational institutions should be less than 50 percent financed by foreign entities. The lack of NYU control over Nyu Shanghai In this respect is analogous to that of a minority shareholder. "
NYU Shanghai In addition, she argued that the two campuses do not share the centralized control of labor relations or common management. Although the institution acknowledged that "a number" of the administrators and faculty and faculty of NYU Shanghai, including Lehman, had been seconded, or reassigned, to Nyu Shanghai, argued that those individuals only work on behalf of NYU Shanghai during the periods of their Adscriptions
In summary, NYU Shanghai argued that the two institutions operate as independent entities. "Nyu Shanghai contracts with NYU and pays NYU service fees for a range of professionals to
