EEOC Releases Updated Guidance on National Origin Discrimination

The US Equal Employment Opportunity Commission (EEOC) has issued new and updated educational resources to reinforce its commitment to preventing national origin discrimination, including bias against American workers. These materials aim to help employers and employees understand their rights and responsibilities under Title VII of the Civil Rights Act of 1964.

What’s New
  • New Technical Assistance Document: “Discrimination Against American Workers Is Against the Law” provides clear guidance for workers on how to identify and respond to unlawful discrimination.
  • Updated EEOC National Origin Discrimination Webpage: The page now includes expanded resources for both employers and employees, outlining:
    • Examples of unlawful practices
    • Steps individuals can take if they believe their rights have been violated
    • Links to related federal agencies, including the Department of Labor and the Department of Justice Civil Rights Division

These updates draw on EEOC policy guidance, Supreme Court precedent, and existing technical assistance documents.

EEOC’s Message

EEOC Chair Andrea Lucas emphasized:

“The EEOC is here to protect all workers from unlawful national origin discrimination — including American workers. Nothing justifies illegal national origin discrimination — whether rooted in cost of labor, customer preferences, or stereotypes.”

Lucas noted that discriminatory practices such as favoring unauthorized workers, migrant labor, or non-immigrant visa holders over US citizens violate federal law and remain a widespread issue across multiple industries.

Understanding National Origin Discrimination

National origin discrimination occurs when an employer treats applicants or employees unfavorably because of:

  • Country of origin
  • Ethnicity or accent
  • Perceived ethnic background

Unlawful practices can include disparate treatment, harassment, retaliation, biased job advertisements, or discriminatory hiring decisions.

Next Steps for Employers and Employees
  • Employers should review hiring and employment policies to ensure compliance with Title VII.
  • Employees or job seekers who believe they have experienced discrimination can file a charge at EEOC Filing Portal.
Erickson Insights & Analysis

Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.