EEOC updates enforcement priorities to curb what it calls anti-American bias

Recent guidance from the Equal Employment Opportunity Commission (EEOC) makes it clear that national origin protections under Title VII of the Civil Rights Acts of 1964 protect American workers. In a one-page guidance document, the EEOC emphasized that federal law prohibits employers from favoring foreign workers to the detriment of American workers based on national origin—as opposed to nondiscriminatory criteria. The EEOC also updated its national origin discrimination homepage to highlight its stated emphasis on investigating anti-American treatment in the workforce.

These changes appear to be in response to the current administration’s view that some employers are abusing the immigration system via illegal preferences for non-American workers. As the EEOC focuses its attention on anti-American hiring and treatment in the workplace, employers should examine their employment practices to prevent unintentional discrimination. Let’s take a closer look.

Examples of unlawful practices

According to the EEOC, employers violate Title VII in several ways.

Discriminatory job advertisements. Job postings or ads that prefer or require visa-holders (such as stating “H-1B preferred” or “H-1B only”) are illegal.