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Wednesday, January 21, 2026

The EEOC, DOJ, and DOL Amplify National Origin Discrimination as an Enforcement Priority - The National Law Review

On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing a new one-page technical assistance “Fact Sheet” regarding national origin discrimination.

The EEOC also updated its national origin discrimination guidance page, which provides information about “what national origin discrimination can look like in the workplace” and how employees may obtain EEOC assistance if they feel they have been the victim of discrimination. The new guidance makes good on EEOC Chair Andrea Lucas’ February announcement vowing to protect American workers from “Anti-American bias.” As part of that announcement, Lucas asserted that “[m]any employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination.”

The Fact Sheet

The Fact Sheet – which leads with the headline Discrimination Against American Workers is Against the Law – reiterates the prohibitions imposed on employers by Title VII of the Civil Rights Act of 1964, which have always included discrimination against applicants and employees on the basis of national origin. This Fact Sheet, unlike previous guidance from the EEOC on this topic, emphasizes that this prohibition includes discriminating against United States citizens. It lists several possible forms of “Anti-American” workplace discrimination, including:

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