EEOC Plot Twist: Title VII Protects American Workers Too

What Happened? Last week, the US Equal Employment Opportunity Commission (EEOC) posted a new technical assistance document, Discrimination Against American Workers is Against the Law. The EEOC also updated its website’s National Origin Discrimination page to include Americans as part of Title VII’s protections.

What’s up EEOC?

A key priority for the current administration has been to seek and end anti-American bias. The EEOC updates reflect that goal. The non-binding technical assistance is a reminder of the focus on American national origin enforcement efforts.

What’s New? Legally, nothing. Title VII on its face protects against national origin discrimination in employment decisions motivated by where someone is from–be it Kenya or Kentucky. The same principles that would apply to foreign born workers apply to American born.

What Should We Do? 

Use this as a good reminder to tune up your policies and practices. The same rules apply for American and non-American workers: all national origin groups are protected. A few suggestions:

• Check your job ad/postings to focus on skills, not place of birth.
• Train on bias for both sides.
• Take harassment claims seriously–you want to avoid retaliation too.
• Worth noting, the EEOC points out there are no excuses for hiring foreign workers over American workers eg, client preference, costs, beliefs in work ethic.

Questions? We can help.