Articles

Employment Law Update: EEOC Announces Shift in Combatting Employment Discrimination

Date: March 20, 2025
The U.S. Equal Employment Opportunity Commission (EEOC) recently signaled a new focus on protecting American workers from unlawful national origin discrimination by employers who prefer non-American workers, such as “illegal aliens, migrant workers, and visa holders.” In a press release issued on February 19, 2025, EEOC Acting Chair Andrea Lucas vowed to “put employers and other covered entities on notice” and to “rigorously enforce the law” against this type of bias, which she said is “a large-scale problem in multiple industries nationwide.”

Under Title VII, national origin discrimination means treating employees or applicants differently because of their actual or perceived place of birth, ancestry, culture, language, accent, or ethnic identity. Title VII protects all workers from national origin discrimination, regardless of their citizenship or immigration status.

The EEOC’s press release highlights some of the common reasons why employers may unlawfully favor non-American workers over American workers, such as:
 
  • 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 warns that none of these reasons are legally permissible under Title VII and that the agency will pursue employers who engage in this type of discrimination. The EEOC also notes that it has a record of recovering multi-million-dollar monetary awards for large multi-racial classes of American workers who have been victims of national origin discrimination.

The EEOC will collaborate with other federal agencies, such as the Department of Homeland Security and the Department of Labor, on labor and employment issues that overlap with immigration-related law enforcement.

What does this mean for employers?

Employers should be aware of the EEOC’s renewed emphasis on combating national origin discrimination against American workers. Employers should also train their managers and supervisors on how to avoid and address any potential discrimination or harassment based on national origin, and how to respond to any complaints or charges filed with the EEOC or other agencies. Employers should also consult legal counsel if they have any questions or concerns about their obligations or risks under the law.

At Whiteford, we have extensive experience and expertise in advising and representing employers on all aspects of employment law, including discrimination, harassment, retaliation, wage and hour, immigration, and more. We can help you navigate the complex and evolving legal landscape and provide practical and effective solutions to your employment issues.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.