On November 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued the “Discrimination Against American Workers Is Against The Law” technical assistance guidance, reemphasizing workers’ rights under Title VII of the Civil Rights Act of 1964. While the guidance outlines existing protections for all employees and job applicants against national origin discrimination, one of the most noteworthy aspects of the document is the EEOC’s explicit focus on what it describes as unlawful “anti-American” bias in employment practices. The EEOC states that unlawful national origin discrimination includes practices that favor foreign workers—such as those holding specific visa statuses—over equally qualified American workers, a priority it views as a pressing compliance concern.
According to this guidance, clear examples of potential unlawful conduct include:
- Posting advertisements and recruitment materials that indicate preferences based on countries of origin, birthplace, citizenship, or visa category. This can include application language like “H-1B preferred” or “H-1B only”;
- Subjecting American workers to more laborious application methods than H-1B visa holders;
- Paying workers differently based on citizenship status without a legitimate nondiscriminatory reason for doing so;
- Retaliating against employees because an individual has engaged in protected activity, which can include objecting to or opposing national origin discrimination at work.
The new guidance underscores the EEOC Chair Andrea Lucas’ continuing priority to prevent unlawful bias against American workers, which she has classified as “a large-scale problem in multiple industries nationwide.” The issuance was quickly followed by the EEOC’s announcement of a partnership with the U.S. Department of Labor in Project Firewall, “an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B visa process.”
The Takeaways
While the guidance does not change Title VII’s existing prohibitions, it does underscore the EEOC’s current enforcement aims to combat “anti-American” discrimination and highlight areas where employers may be most vulnerable to national origin discrimination claims. Employers should use this guidance to:
- Proactively review and update policies to ensure compliance with long-standing national origin protections;
- Implement consistent selection procedures that apply uniform criteria to all applicants;
- Train hiring managers on high-priority national origin anti-discrimination protections;
- Ensure documentation processes are in place to support employment decisions.
Poyner Spruill’s employment attorneys are continuing to monitor developments in the EEOC’s heightened enforcement of specific anti-discrimination initiatives and are available to provide counsel on these matters.
