Recent guidance from the Equal Employment Opportunity Commission (EEOC) highlights an often-overlooked aspect of federal employment law: national origin discrimination protections apply to American workers as well. Under Title VII of the Civil Rights Act, employers are prohibited from making employment decisions based on national origin, including decisions that disadvantage U.S. workers.
Title VII bars employers from treating workers unfavorably, or giving preferential treatment, because of where they are from. The EEOC has made clear that unlawful discrimination may occur when employers favor foreign workers or individuals with certain visa statuses over equally qualified American workers.
According to the EEOC, anti-American bias can appear in several workplace contexts. Job advertisements that express a preference for applicants from a specific country or for certain visa holders, such as “H-1B preferred” or “H-1B only,” may violate federal law. Discrimination can also arise in hiring, termination, or retention decisions, including situations where American workers are laid off at higher rates than visa holders during periods between assignments.
In other cases, discriminatory practices may be less obvious. Employers may run afoul of Title VII by imposing more demanding or restrictive application requirements on U.S. workers than on foreign applicants, such as requiring additional steps for Americans during recruitment or labor certification processes.
The EEOC also emphasizes that common business justifications do not excuse national origin discrimination. Customer preferences, lower labor costs, or assumptions that workers from certain countries are more productive or have a stronger work ethic are not lawful reasons to favor foreign workers over Americans.
In addition to hiring and employment decisions, Title VII prohibits harassment based on national origin and retaliation against employees who raise concerns or participate in investigations related to discrimination. Employers may face liability not only for discriminatory practices, but also for permitting hostile work environments or penalizing workers who assert their rights.
The takeaway is straightforward: anti-American bias in the workplace may be unlawful. Employers should review job postings, hiring practices, and internal policies to ensure compliance with federal law and avoid conduct that could be perceived as discriminatory.
For guidance on how national origin and related labor issues may impact your workplace or your rights as an employee, contact the attorneys at Pechman Law Group at 212-583-9500.
