On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced updated materials, reinforcing its commitment to “advancing robust enforcement and awareness around national origin discrimination and Anti-American bias.” The newly-issued technical assistance document (Discrimination Against American Workers Is Against The Law) and updated national origin discrimination landing page reaffirm EEOC Chair Andrea Lucas’ continued focus on ensuring that national origin discrimination protections are applied equally to all workers, and reflect her priorities to “confront unlawful anti-American national origin bias[.]”
Technical Assistance Document
The non-binding guidance reminds employers that Title VII protects all individuals – including Americans – from national origin-based discrimination, which can include preferring foreign workers over American workers, paying visa guest workers less than similarly situated American workers, or subjecting American workers to more difficult application methods than visa holders.
Examples of Anti-American Discrimination
- Job advertisements stating the employer prefers or requires applicants from a particular country or with a particular visa status (e.g., H-1B preferred)
- Disparate treatment related to firing, such as terminating American workers on the “bench” between assignments at a higher rate than visa guest workers
- Disparate treatment in hiring, such as making it more difficult for applicants from one national origin to apply for positions (e.g., subjecting U.S. workers to more laborious application methods than H-1B visa holders)
- Harassment based on national origin that is sufficiently severe or frequent to create a hostile work environment, or that results in adverse employment actions
- Retaliation against an individual for opposing national origin discrimination, participating in investigations, or filing an EEOC charge.
“Common Business Reasons” That Do Not Justify National Origin Discrimination
The agency also emphasizes that no considerations justify illegal national origin discrimination, including:
- Customer or client preference
- Lower cost of labor (e.g., “under the table” payment, abuse of visa-holder wage rules)
- Beliefs that workers of certain national origin groups are more productive or have better work ethic
Employer Takeaways
In light of the EEOC’s guidance, employers should consider the following steps:
- Audit policies and practices for any national origin-based preferences or disparities
- Evaluate job advertisements, application and selection processes, pay practices, and workplace conduct expectations to ensure equal opportunity and treatment for all workers
- Train appropriate personnel on the lawful criteria and equal application of Title VII protections
- Document neutral, job-related criteria for employment decisions
If you have any questions related to the guidance or its impact on your organization, or would like to conduct an audit of your organization’s efforts to ensure all employees and applicants are afforded equal opportunity in the workplace, please reach out to the NFC Attorney with whom you typically work or call us at 973.665.9100 or 619.292.0515.