On Nov. 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released new materials on national origin discrimination, including a technical assistance document, Discrimination Against American Workers Is Against the Law, and updates to its national origin webpage. The new materials reflect the EEOC’s efforts to combat national origin discrimination, with a focus on anti-American national origin bias.

Overview of New Guidance

Title VII of the Civil Rights Act prohibits employers with 15 or more employees from discriminating against applicants and employees on the basis of their national origin. The EEOC technical guidance provides guidance specifically on national origin discrimination against American workers in favor of foreign workers. The guidance provides examples of discrimination against Americans in the workplace, including:

• Discriminatory job advertisements, including ads that say the employer prefers or requires applicants from a particular country or with a particular visa status;
• Disparate treatment, including discrimination in the terms, conditions or privileges of employment, including but not limited to hiring, firing, job assignments, compensation, training, fringe benefits, promotion and demotion. Examples of disparate treatment include firing American workers who are on the “bench” between assignments at a higher rate than employees on guest visas or making it more difficult for applicants from one national origin to apply for positions;
• Harassment based on national origin, including unwelcome remarks or conduct based on national origin. Harassment is illegal when it results in an adverse change to a term, condition or privilege of employment, or is so frequent or severe as to be intimidating, hostile or abusive; and
• Retaliation by an employer because an individual engaged in protected activity, such as objecting to national origin discrimination, participating in an investigation or filing a charge.

The guidance further states that business reasons, including customer or client preference, cost of labor or beliefs regarding the productivity of certain groups, do not excuse an employer’s decision to hire foreign workers over American workers.

The EEOC national origin landing page was also updated to reflect the current EEOC’s focus on national origin discrimination against American workers by implementing portions of the technical guidance.

Employer Takeaways

Although the EEOC guidance does not alter existing law (which has always prohibited employers from discriminating against individuals on the basis of their national origin), it provides insight into how the agency will evaluate claims of national origin discrimination and measures employers can take to avoid such claims. Given the EEOC’s stated focus on combatting anti-American national origin discrimination, employers may consider reviewing and updating practices and policies to ensure compliance.

This Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. Design ©2025 Zywave, Inc. All rights reserved.