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...

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 ...