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Employment Law Update: EEOC Issues New Guidance on Discrimination Against American Workers

On November 19, 2025, the Equal Employment Opportunity Commission issued an advisory Guidance titled “Discrimination Against American Workers is Against the Law.” The new Guidance emphasizes that Title VII of the Civil Rights Act of 1964, which protects employees or applicants from discrimination based upon national origin, includes and protects individuals who are natural-born or otherwise identify as “Americans.”

The clearest form of national origin discrimination against American workers arises when an employer, employment agency or union indicates a preference for foreign workers, including workers with a particular visa status, over American workers.

The EEOC Guidance provides examples and warns against conduct that constitutes workplace discrimination against American workers. Notably mentioned is any practice of preferring foreign employees who may be willing to “work under the table” or accept lower wages. 

The Guidance warns against any employment-related belief that workers from one or more national origin groups are “more productive” or possess a “better work ethic” than another national origin group. Finally, the EEOC Guidance clarifies that customer or client preference does not justify employment decisions adverse to American workers.

The anti-discrimination laws are a two-way street, intended to protect majority as well as minority populations. Whenever protected class status is a decisional motivation, unlawful discrimination occurs even if the victim is a member of a more populous class or a non-minority.

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