EEOC Issues New Guidance Protecting “Americans” From Discrimination
On November 19, 2025, the US Equal Employment Opportunity Commission issued an advisory entitled “Discrimination Against American Workers is Against the Law.” The new guidance reflects EEOC Chair Andrea Lucas’ focus on protecting American workers from discrimination by employers who prefer to hire non-Americans. The guidance provides no statistics or examples. But the related press release cites the Chair’s claims. She states:
Unlawful bias against American workers, in violation of Title VII, is a large-scale problem in multiple industries nationwide. Many employers have policies and practices preferring illegal aliens, migrant workers, or non-immigrant guest workers (guest worker visa holders) over American workers—in direct violation of federal employment law. The EEOC is committed to ensuring employers and workers better understand the even-handed protections provided to all workers by Title VII’s prohibition against national origin discrimination.
The guidance follows the Department of Labor’s announcement of a new initiative called “Project Firewall” which increases audits of employers who rely on the H-1B visa program. The stated goal of Project Firewall is to “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.” In announcing this initiative, the DOL promises to “combat discrimination against American workers and ensure the law is properly enforced by leveraging the full force of the federal government.”
While the new guidance does not create any new legal obligations, it does reflect the EEOC’s policy and enforcement goals. The bottom line is that applicants and employees cannot be discriminated against because of their national origin or citizenship status—whether American or not. This has always been the law under Title VII. Still, employers may want to review and update discrimination policies to address national origin and citizenship. And employers who regularly rely on foreign nationals should expect an audit and be vigilant in observing all related legal requirements.