On February 19, 2025, the U.S. Equal Employment Opportunity Commission’s (EEOC) Acting Chair Andrea Lucas vowed to prioritize anti-American national origin discrimination in compliance efforts, investigations, and litigation. See EEOC Newsroom, EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias (Feb. 19, 2025).
Lucas announced, “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop. The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.”
The EEOC stated that it intends to “help deter illegal migration and reduce the abuse of legal immigration programs by increasing enforcement of employment antidiscrimination laws against employers that illegally prefer non-American workers, as well as against staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers.”
The EEOC’s announcement calls out the following reasons for an employer’s preference for non-American workers as invalid:
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