The EEOC has issued a one-page technical assistance document, “Discrimination Against American Workers Is Against the Law” and updated its national origin discrimination landing page, reinforcing national origin discrimination protections with a focus on immigration-related issues. The latest guidance follows the EEOC’s previous 2016 Enforcement Guidance on National Origin Discrimination, which remains in effect.
Title VII, which is enforced by the EEOC, prohibits employment discrimination because of race, color, religion, sex, or national origin, and applies to most private employers with 15 or more employees. Under Title VII, discrimination based on national origin with respect to compensation and other terms and conditions of employment is unlawful, and employers are prohibited from limiting, segregating or classifying employees in a way that could deprive them of opportunities based on their national origin.
The new technical assistance document defines national origin discrimination as “treating employees or applicants unfavorably or favorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background.”
The landing page emphasizes that Title VII protects all workers, “including Americans,” and explains that national origin discrimination can include preferring foreign workers, including workers with certain visa statuses, over American workers. It further highlights that...
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