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Wednesday, November 26, 2025

Employers Warned Against Citizenship and National Origin Bias - SHRM

Employers’ obligations to avoid citizenship and national origin discrimination when hiring and workforce planning have become even more paramount given the increased attention to anti-discrimination laws brought on by the Trump administration.

Common violations of the anti-discrimination provisions of the Immigration and Nationality Act include asking for U.S. citizens only in job postings, preferring foreign guest workers when hiring, or disfavoring candidates from specific countries.

Sometimes, well-meaning policies or business-driven decisions can expose companies to penalties and other sanctions, said Priscilla Muhlenkamp, managing partner of the Washington, D.C., office of Fragomen, speaking at SHRM25 in San Diego.

Both the U.S. Department of Justice’s Immigrant and Employee Rights Section and the U.S. Equal Employment Opportunity Commission (EEOC) have intensified scrutiny on employers’ hiring practices as well as compliance with Form I-9 employment eligibility verification requirements. A California recruitment firm in June agreed to pay nearly $72,000 to resolve allegations by the Immigrant and Employee Rights Section that it violated the law by placing numerous job ads stating that certain positions were open only to applicants with H-1B visas.

Acting EEOC Chair Andrea Lucas recently said that the agency has already recovered millions of dollars in national origin discrimination cases and is working through an additional caseload, primarily seeing preferences for...



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