What Employers Need to Know About “Anti-American” Bias in the Workplace
The US Equal Employment Opportunity Commission (EEOC) recently signaled that it intends to undertake “robust enforcement” against instances of “anti-American” bias by employers in the United States. In this Legal Update, we review how laws prohibiting national origin discrimination apply to discrimination against Americans, review recent EEOC guidance on and enforcement actions relating to “anti-American” bias, and highlight actions US employers should take in light of the increased focus on “anti-American” bias in the workplace. WHAT IS NATIONAL ORIGIN DISCRIMINATION? Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on a number of protected characteristics, including national origin. The EEOC has recently emphasized that Title VII’s protections “apply equally to all racial, ethnic, and national origin groups,” including Americans. In addition to federal law, certain state and local laws also prohibit national origin...