The Equal Employment Opportunity Commission has released a fact sheet and refreshed its national origin discrimination resources, underscoring a renewed federal focus on protecting American workers from unlawful bias.
While the guidance does not introduce new legal standards, it reinforces that Title VII strictly prohibits employers from favoring foreign applicants or employees — including those with specific visa statuses — over American workers. The guidance emphasizes that employers cannot justify discrimination based on customer preferences or stereotypes about productivity or work ethic based on national origin.
In partnership with the Department of Labor’s Project Firewall, the EEOC is intensifying efforts to address illegal practices that disadvantage U.S. workers based on their national origin. Employers should anticipate increased EEOC scrutiny of guest worker programs and sectors that have high concentrations of foreign labor.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here. We encourage CWC members to join CWC’s Member Briefing: A Look Back and Ahead on December 10 for an in-depth discussion of EEOC enforcement priorities.