EEOC Targets Anti-American Bias
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APPLIES TO All Employers |
EFFECTIVE February 19, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
The Equal Employment Opportunity Commission (EEOC) recently cautioned against “illegal preferences against American workers.” The EEOC intends to protect against national origin discrimination, including against American workers, which will “reduce the abuse of legal immigration programs.” The announcement was targeted at employers violating anti-discrimination laws and staffing agencies who unlawfully comply with client companies’ illegal preferences against American workers.
Acting Chair Andrea Lucas has said 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 EEOC acknowledges that, “[a]lthough Title VII’s national origin nondiscrimination requirement generally means that employers cannot prefer American workers, it equally means that employers cannot prefer non-American workers and disfavor Americans.” The EEOC also gave examples of impermissible reasons to violate Title VII:
- lower cost labor (whether due to payment under the table to illegal aliens, or exploiting rules around certain visa-holder wage requirements, etc.);
- a workforce that is perceived as more easily exploited, in terms of the group’s lack of knowledge, access, or use of wage and hour protections, antidiscrimination protections, and other legal protections;
- customer or client preference;
- biased perceptions that foreign workers are more productive or have a better work ethic than American workers.
“The EEOC works collaboratively with other federal agencies such as the Department of Justice, the Department of Homeland Security, and the Department of Labor on labor and employment issues that overlap with immigration-related law enforcement.” Employers who do not comply with existing anti-discrimination laws, like Title VII of the Civil Rights Act, are at risk of civil penalties and potential criminal prosecution.
Action Items
- Review the EEOC’s statement here.
- Review job postings and recruiting strategies for compliance.
- Coordinate recruiting strategies with staffing agencies, as applicable.
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