EEOC Updates Guidance To Focus On Discrimination Against American Workers

December 1, 2025

What's New

The Equal Employment Opportunity Commission has released a new fact sheet and refreshed its national origin discrimination resources, underscoring a renewed federal focus on protecting American workers from unlawful bias. In partnership with the Department of Labor’s Project Firewall, the EEOC is intensifying efforts to address illegal practices that disadvantage U.S. workers based on national origin.

What It Means

While the guidance does not introduce new legal standards, it reinforces that Title VII strictly prohibits employers from favoring foreign applicants or employees, including those with specific visa statuses, over American workers. The guidance emphasizes that employers cannot justify national origin discrimination based on customer preferences or national origin-based stereotypes about productivity or work ethic.

What You Should Do

Employers should anticipate increased EEOC scrutiny of guest worker programs and sectors with high concentrations of foreign labor. Now is the time to review hiring practices and ensure compliance with national origin discrimination laws. CWC members are encouraged to join our Member Briefing: A Look Back and Ahead on December 10 for an in-depth discussion of EEOC enforcement priorities.

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