Employment Law Report
EEOC Releases Updated Materials and Guidance on National Origin Discrimination: The Trump Administration’s Continued Focus on Rooting Out “Anti-American” Bias
Written by Drayden Burton
On November 19th, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) released new and updated educational material and guidance aimed at “advancing robust enforcement and awareness around national origin discrimination and Anti-American bias.” The one page document, titled “DISCRIMINATION AGAINST AMERICAN WORKERS IS AGAINST THE LAW”, invokes Title VII of the Civil Rights Act of 1964 to emphasize that the prohibition against treating employees or applicants differently based on their national origin violates the law.
The new guidance document details exactly how “anti-American” discrimination may present itself in a practical sense. This discrimination may take the form of discriminatory job advertisements (“H-1B preferred” or “H-1B only”), disparate treatment (such as making American workers go through a more arduous application process than foreign workers), harassment, or retaliation. It also emphasizes that no “common business reason” can justify discrimination based on national origin. This includes lower cost of labor, client preference, or “belief that workers from one or more national origin groups are ‘more productive’ or possess a better work ethic than another national origin group.”
What does it mean for Employers?
While this technical assistance document is not a binding precedent, it does indicate that the Trump EEOC is taking real steps toward its priority of eliminating “anti-American” bias in the workforce. More and more industries are becoming the focus of federal enforcement actions in recent months, with lawsuits in the automotive, healthcare, and staffing industries all being filed by the federal government to enforce labor and immigration laws. Employers should consider reviewing their applications process to ensure that it is equal for members of all national origin (including Americans) and does not state a preference for visa-holders. Similarly, employers should continue to treat employees the same regardless of their status and should review policies frequently to ensure compliance with federal, state, and local law.
If you need assistance with compliance or are have received notice of a charge from the EEOC, contact a member of the Labor & Employment Team at Wyatt Tarrant & Combs.
