Compliance Stuff

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...

The U.S. Equal Employment Opportunity Commission (EEOC) has released  updated educational materials on national origin discrimination , including a new technical assistance document titled “Discrimination Against American Workers Is Against the Law.”   Under Title VII of the Civil Rights Act of 1964, it is unlawful to discriminate against people based on race, color, sex, national origin, or religion — collectively known as protected characteristics.  Earlier this year, then-acting EEOC Chair Andrea Lucas  stated , “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop.” For HR professionals, the issuance of the technical assistance document is a continuation of Lucas’ earlier statements concerning how the agency is prioritizing the enforcement of national origin discrimination und...

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. House Committee Introduces LMRDA Reform Package  House Education and Workforce Committee Republicans introduced five bills this week to reform the Labor-Management Reporting and Disclosure Act (LMRDA), with the stated goal of promoting transparency and fairness. The legislation includes:  Union Members Right to Know Act , which would require unions to annually disclose key documents,  e.g ., collective bargaining agreements and union constitutions and bylaws, with its members;  Ask the Union Members Act , which would require unions to hold a secret ballot vote before approving a new contract or authorizing a strike;  Protecting Union Representation and Elections Act , which would ensure union officers are elected via secret ballot by union members, rather than delegates;  Fair Access to Justice for Uni...

On November 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released a new one‑page technical assistance document, “ Discrimination Against American Workers Is Against the Law ,” and  updated  its national origin discrimination  landing page  in an ongoing effort to educate on anti-American bias—a key priority of the Trump administration. These materials emphasize that Title VII of the Civil Rights Act of 1964 protects all workers from national origin discrimination, including protecting American workers from national origin bias, and stress that nothing justifies illegal national origin discrimination—whether rooted in labor cost, customer preference, or stereotypes. The EEOC’s non-binding technical assistance reflects an  ongoing enforcement focus  on unlawful anti‑American bias with a focus on immigration related issues, including favoring foreign workers and or visa holders over American workers. Quick Hits The EEOC issued a one‑page ...

  On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas   announced   the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers” through increased enforcement of Title VII’s national origin protections. This latest statement expounds u pon the enforcement priorities Lucas laid out in her  January 21, 2025, statement , which included “protecting American workers from anti-American national origin discrimination.” This week, Lucas explained that the EEOC intends to partner with other federal agencies, including the Department of Justice, the Department of Homeland Security, and the Department of Labor to achieve “enhanced investigation and enforcement” of Title VII protections for American employees. Notably, the announcement also indicates that the EEOC’...