Crafting an anti-discrimination policy that polices cross-border workplaces can be tricky for general counsel. One key, according to attorney Donald Dowling Jr., is to adapt the company's U.S. policies to the specific locale in question.

Dowling, a partner in the New York office of White & Case, cited age discrimination as an example. "In the United States it's illegal," he said, "but in India and some other countries, they impose a mandatory retirement age. There was actually a case in China where four employees hit mandatory retirement age, but a clause in the company's code of conduct tied their [executives'] hands."