EEOC Issues Guidance On Anti-American Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance on national original discrimination to reaffirm “Chair Andrea Lucas’ commitment to advancing robust enforcement and awareness around national origin discrimination and Anti-American bias.” The EEOC explains that preferring foreign workers over American workers can constitute discrimination under Title VII of the Civil Rights Act. It further states that customer preference, lower cost of labor, and stereotypes about work ethic are not legitimate reasons to choose a foreign worker over an American worker.  

The EEOC issued a one-page technical assistance document entitled “Discrimination Against American Workers Is Against The Law” to help workers understand their rights. It also updated its national origin website page with additional information for employers and workers on how treating American workers differently than others can constitute national origin discrimination. These materials also remind us that national origin discrimination and harassment can be based upon an employee’s association with a person of a certain national origin. 

Employers should expect to see an increase of EEOC charges on this topic. We recommend that you review these new materials and consider whether updates are needed to training materials, policies, and procedures to ensure compliance with Title VII in all respects. KZA attorneys are always available to assist you with any questions you have and any charges you may receive. 

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