EEOC Launches New Guidelines to Combat National Origin Discrimination

On November 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled a new technical assistance document titled “Discrimination Against American Workers Is Against the Law.” This initiative aims to enhance awareness of national origin discrimination and reinforce protections for American workers, aligning with the priorities established during the Trump administration. The materials clarify that Title VII of the Civil Rights Act of 1964 safeguards all individuals from discrimination based on national origin, unequivocally stating that no justification exists for illegal bias against American workers.

The announcement includes an updated landing page on national origin discrimination, focusing on the ongoing risks associated with anti-American bias. The EEOC emphasizes that employment decisions should not favor foreign workers or visa holders over American workers. The document identifies job advertisements that display preferences for specific visa statuses and disparate treatment in hiring or pay as key areas of concern.

Key Provisions and Enforcement Focus

The EEOC’s new materials outline critical aspects of Title VII, which prohibits discrimination based on national origin across all employment facets. This includes hiring, firing, promotions, pay, and workplace conditions. The agency underscores that preferences for foreign workers, especially those associated with H-1B visas, could constitute unlawful discrimination against American employees.

Potential violations highlighted in the technical assistance document include:

– Job advertisements that prefer candidates based on visa status, such as “H-1B preferred” or “H-1B only.”
– Disparate treatment that may make it more challenging for U.S. workers to apply or advance compared to foreign visa holders.
– Pay discrepancies where visa workers receive lower wages than similarly qualified American colleagues without legitimate reasons.
– Harassment based on national origin, which can create hostile work environments and lead to adverse employment actions.
– Retaliation against employees who report discrimination or participate in investigations.

The EEOC anticipates a coordinated enforcement approach involving various federal agencies, including the Department of Justice and the Department of Labor, to address these issues comprehensively.

Implications for Employers

The EEOC’s guidance serves as a crucial reminder for employers to evaluate their hiring practices, policies, and workplace environments. It is essential for organizations to review their recruitment materials, application processes, and pay practices to ensure compliance with the new guidelines.

Employers are encouraged to provide training for managers and recruiters on Title VII’s protections to foster an equitable hiring environment. Additionally, organizations should audit their practices for indicators of disparate treatment and document neutral, job-related criteria for employment decisions.

As immigration-related processes intersect with employment decisions, it is important for employers to coordinate with all stakeholders to prevent the emergence of national origin-based disparities. The EEOC’s commitment to combating national origin discrimination highlights the importance of protecting all workers and ensuring a fair and inclusive workplace for everyone.