The Equal Employment Opportunity Commission (EEOC) issued new guidance this week, warning employers not to favor foreign nationals over American workers in violation of federal law.
The agency released a fact sheet titled “Discrimination Against American Workers Is Against the Law” and updated its national origin discrimination webpage with clearer definitions, examples, and instructions for identifying unlawful hiring practices. The materials emphasize that Title VII of the Civil Rights Act prohibits employment decisions based on national origin — a protection that applies regardless of a worker’s immigration status and includes Americans.
“The EEOC is here to protect all workers from unlawful national origin discrimination — including American workers,” EEOC Chair Andrea Lucas said in a Nov. 19 press release. “Unlawful bias against American workers, in violation of Title VII, is a large-scale problem in multiple industries nationwide.”
Lucas added, “Many employers have policies and practices preferring illegal aliens, migrant workers, or non-immigrant guest workers over American workers — in direct violation of federal employment law.”
According to the fact sheet, national origin discrimination involves treating applicants or employees differently because of their country or region of origin. The EEOC notes that this includes giving preferential treatment to foreign workers, including those with specific visa types, over equally qualified American workers.
The agency noted that employers cannot justify hiring preferences by citing customer demands, lower labor costs, or stereotypes about certain national origin groups being “more productive.” It also cautions employers about job ads that indicate unlawful bias.
Postings that say an employer “prefers” or “requires” candidates with a particular visa status — such as “H-1B preferred” or “H-1B only” — can serve as evidence of unlawful bias, the EEOC wrote.
H-1B visas have become a flashpoint in recent weeks after President Donald Trump publicly defended the program and argued that the U.S. must “bring in talent” from abroad rather than rely solely on American workers, CatholicVote previously reported. His comments drew immediate criticism from conservatives who say the program often sidelines American workers.
Amid debates over programs like H-1B, the EEOC says the legal standard remains unchanged.
“Nothing justifies illegal national origin discrimination,” Lucas concluded in the release, “whether rooted in cost of labor, customer preferences, or stereotypes.”
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