By Gallagher Sharp LLPOn November 20, 2025, the Equal Opportunity Commission (EEOC) released a technical assistance document which emphasized that the prohibition against national origin discrimination under Title VII of the Civil Rights Act of 1964 extends to Americans. Specifically, the guidance document defines national origin discrimination as treating workers unfavorably or favorably because they are from a particular country or part of the world, which “can include preferring foreign workers, including workers with a particular visa status, over American workers.”
The guidance document provides the following examples of discrimination against Americans in the workplace:
- Discriminatory job advertisements, including ads that say the employer prefers applicants from a particular country or particular visa status (for example, “H-1B preferred” or “H-1B only”).
- Terminating American workers who are between job assignments at a much higher rate than employees who are visa guest workers.
- Making it more difficult for applicants from one national origin to apply for positions (for example, subjecting U.S. workers to more laborious application methods than H-1B visa holders during the PERM labor certification process)
The guidance further provides that the following considerations do not excuse an employer’s decision to hire foreign workers over American workers:
- Customer or client preference;
- Lower cost of labor (whether due to “under the table” payment, or abuse of certain visa-holder wage requirement rules);
- Beliefs that workers from one or more national origin groups are “more productive” or possess a better work ethic than another national origin group.
The guidance document, along with a corresponding change to the EEOC’s national origin discrimination landing page, indicates that one of the priorities of the EEOC moving forward will be to scrutinize hiring and recruitment practices, with an emphasis towards protecting American workers. Employers should consult legal counsel when reviewing such practices, particularly those that may be perceived as favoring foreign-born workers.
Patrick defends clients before various administrative agencies, including the Equal Employment Opportunity Commission, Ohio Civil Rights Commission, Industrial Commission, Unemployment Compensation Review Commission, and Ohio State Employment Relations Board, as well as the Supreme Court of the United States and Ohio’s state, federal, and appellate courts.