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Anti-American bias in the spotlight: EEOC targets immigration related employment practices

12/1/25

By: Sunshine Fellows

The Equal Employment Opportunity Commission has issued new materials highlighting unlawful anti-American bias under Title VII of the Civil Rights Act of 1964. While national origin discrimination has long been prohibited, the EEOC’s refreshed technical assistance and updated national origin landing page signal a renewed enforcement priority, particularly where employment decisions interact with immigration-related processes. For employers and business leaders, the message is clear: employment practices that explicitly or implicitly favor foreign workers or visa holders over American workers may trigger scrutiny, even when rooted in seemingly neutral business rationales.

EEOC’s Focus on Anti-American Bias: Key Developments

On November 20, 2025, the EEOC published a new one-page technical assistance document, Discrimination Against American Workers Is Against the Law, and simultaneously updated its national origin discrimination landing page. These updates, issued amid a broader administration‑wide focus on immigration-related employment practices, emphasize that Title VII protects all workers against national origin discrimination, including American workers. The agency expressly notes that “business reasons” such as customer preference, cost efficiencies, or perceptions regarding skill or work ethic do not justify differential treatment based on visa status or national origin.

The materials identify several enforcement flashpoints:

• Recruitment and job advertising that prefer or limit opportunities to H-1B or other visa holders.
• Disparate treatment in hiring, compensation, promotion, or job assignments that disadvantages American workers.
• Harassment or retaliation based on national origin, including conduct by supervisors, coworkers, or customers.
• Pay disparities between visa guest workers and similarly situated American employees without legitimate nondiscriminatory justification.

The documents also preview a multi-agency enforcement posture, noting likely coordination between the EEOC, DOJ, and DOL.

Practical Implications and Employer Takeaways

1. Review Recruiting and Advertising Practices: HR teams should evaluate job postings, search firm instructions, and recruiting platforms to ensure they do not express preferences tied to visa status or national origin.
2. Audit Hiring, Advancement, and Compensation Processes: Where American workers appear to be disadvantaged, whether by more burdensome application processes, inconsistent selection criteria, or unexplained pay differences, employers may face heightened risk.
3. Revisit Manager and Recruiter Training: Train those involved in hiring, promotion, and assignment decisions on Title VII’s requirements and this evolving enforcement focus.
4. Coordinate Immigration-Related Decisions Thoughtfully: Ensure that immigration processes do not create unintended disparate treatment.
5. Strengthen Harassment and Retaliation Safeguards: Reinforce that harassment based on national origin is prohibited and that retaliation for reporting concerns will not be tolerated.

Looking Ahead

The EEOC’s updated materials make clear that national origin discrimination enforcement, including anti-American bias, will remain a priority. Employers should proactively evaluate their policies, documentation, and decision-making structures to reduce exposure and ensure compliance.

With enforcement tightening, now is the time to review your practices. Contact your local FMG attorney to ensure your policies are defensible and compliant.

For more information, please contact Sunshine Fellows at sunshine.fellows@fmglaw.com or your local FMG attorney. 

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.