The U.S. Equal Employment Opportunity Commission (EEOC) is placing greater emphasis on combatting national origin discrimination against American workers. The EEOC seeks to protect American workers from employers who unfairly favor non-American workers, such as undocumented immigrants, migrant workers, and visa holders.
Common unlawful preferences include:
1. Seeking lower-cost labor by exploiting wage requirements.
2. Assuming foreign workers are more compliant or less aware of legal protections.
3. Catering to customer or client biases.
4. Believing foreign workers are more productive or have a better work ethic than American workers.
Legal Foundation: Protecting All Workers
Under Title VII of the Civil Rights Act of 1964, national origin discrimination occurs when employees or applicants are treated differently based on 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 Collaborative Approach
The EEOC plans to work closely with other federal agencies, such as the Department of Homeland Security and the Department of Labor, to address overlapping labor, employment, and immigration issues.
Practice Tip
To ensure compliance with EEOC guidelines and avoid potential legal issues, employers should:
• Review Hiring Practices: Assess recruitment and hiring procedures to ensure they do not unlawfully favor non-American workers.
• Train Management: Educate managers and supervisors on recognizing and preventing national origin discrimination, especially regarding unlawful preferences based on cost, perceived compliance, or biased productivity assumptions.
• Policy Evaluation: Regularly review workplace policies to ensure alignment with Title VII requirements and foster an inclusive environment for all employees, regardless of national origin.
By addressing these areas, employers can promote equitable practices and reduce the risk of discrimination claims.
