EEOC Issues Technical Assistance on Protecting US Workers

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a technical assistance document titled "Discrimination Against American Workers Is Against the Law." Under Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate against people based on race, color, sex, national origin, or religion — collectively known as protected characteristics.

This is part of the EEOC’s continued focus on bias against U.S. workers. On Feb. 19, Andrea Lucas, then-acting chair of the EEOC, stated, “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop.”

The EEOC’s new technical assistance highlights that anti-American national origin discrimination is prohibited under Title VII. The document outlines that employment policies, programs, or practices may be unlawful if motivated, in whole or in part, by people’s national origin, even that of U.S. citizens. Examples include discriminatory job advertisements that favor certain visa holders; unequal treatment in hiring, firing, promotions, or assignments; and workplace harassment that creates a hostile or abusive environment.

For HR professionals, this technical assistance document reinforces the agency’s focus on enforcing national origin discrimination under Title VII, even though the underlying law has not changed. Employers should review policies and practices that may previously have gone unnoticed.

The EEOC’s updated materials provide an opportunity for HR professionals to revisit policies, training, and communications to mitigate compliance risk.