EEOC issues guidance emphasizing Title VII national origin protections for U.S. Workers

 

In  employment law, “national origin discrimination” is most often associated with the protection of immigrants and foreign nationals from countries outside of the United States. But, of course, the protections under Title VII also apply to employees who originate from the United States. The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance late last year on discrimination against U.S. workers. See EEOC Guidance. The guidance notes that under Title VII of the Civil Rights Act of 1964, safeguards against national origin discrimination extend to all applicants and employees, including U.S. citizens and American workers.

The EEOC explicitly states that it is illegal to treat workers unfavorably because they are from the United States. This form of discrimination frequently arises when employers demonstrate a preference for foreign workers, such as those holding specific visa statuses like H-1B, over qualified American workers. While sponsoring visas remains a legitimate business practice, it creates a critical compliance issue when it crosses the line into excluding U.S. workers from equal opportunities.

Discrimination against American workers can manifest in both subtle and overt ways. Violations of Title VII may include posting job advertisements that express a preference for foreign workers or specific visa holders, such as listing positions as "H-1B preferred." It also encompasses disparate treatment in hiring and firing, where employers might subject U.S. applicants to more rigorous application processes than visa holders or disproportionately terminate U.S. workers. Furthermore, U.S. workers are protected from hostile work environments based on their national origin and from retaliation for opposing discriminatory practices.  

The EEOC has clarified that common business justifications do not excuse this type of discrimination. The guidance explains employers cannot defend displacing American workers based on a desire to reduce labor costs, even if foreign labor is less expensive. Similarly, client preferences for a specific nationality or stereotypes regarding "work ethic" or productivity are invalid defenses under federal law. As the workforce becomes increasingly global, the intersection of immigration status and employment law is more visible than ever. National origin protection is not limited by borders but is a universal standard designed to ensure that merit, not country of origin, dictates employment decisions. 

Over the past few years, lawsuits have been increasingly filed by white employees and male employees alleging reverse discrimination and/or U.S. national origin bias, including in RIFs, layoffs, terminations or promotion decisions. Such lawsuits are likely to increase with this newly issued guidance.

Navigating employment law can be challenging. Whether you are an employee facing potential discrimination or a business seeking to ensure your hiring practices are fully compliant with Title VII, Stavros Law P.C. is here to help. If you are experiencing discrimination or need assistance with compliance issues, you can contact one of our Utah employment discrimination lawyers at Stavros Law by calling (801) 758-7604,  emailing us at scheduling@stavroslaw.com or visiting our website, stavroslaw.com.

Location: Sandy, UT, USA

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