EEOC Warns Employers About Anti-American Discrimination

National origin discrimination includes not only discrimination against workers from foreign nations but also discrimination against American workers, the Equal Employment Opportunity Commission (EEOC) is reminding employers.

Title VII of the Civil Rights Act of 1964 (as well as many state and local laws) prohibits discrimination, harassment and retaliation against both employees and applicants based on national origin.

In new guidance released this week, Discrimination Against American Workers Is Against the Law, the EEOC stressed that national origin discrimination can include preferences for foreign workers, including workers with a particular visa status, over American workers. The EEOC also updated its website with additional information, including guidance for workers to report potential violations.

The guidance includes examples of national origin discrimination involving H-1B temporary work visas, such as job advertisements that say the employer prefers or requires applicants with a particular visa status (such as “H-1B preferred” or “H-1B only”). H-1B visas have been a hot topic recently in the wake of the Trump administration’s new $100,000 H-1B fee and a proposed rule change in how H-1B visa applications would be weighted.

Bias against American workers is widespread and affects multiple industries, according to EEOC Chair Andrea Lucas. “Many employers have policies and practices preferring illegal aliens, migrant workers, or non-immigrant guest workers (guest worker visa holders) over American workers – in direct violation of federal employment law,” she said. “The EEOC is committed to ensuring employers and workers better understand the even-handed protections provided to all workers by Title VII’s prohibition against national origin discrimination.”