EEOC Releases Guidance on National Origin Discrimination

In November, 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. 

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 hiring, firing, job assignments, and compensation.
• Harassment based on national origin, including unwelcome remarks or conduct based on national origin.
• Retaliation by an employer because an individual engaged in protected activity, such as objecting to national origin discrimination 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.

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.