Table of Contents
•What is National Origin Discrimination Against American Workers?
•Examples of Discrimination Against American Workers
•Unfair Treatment in the Workplace
•What This Means for Employees
•What Should You Do if You Believe You’ve Been Discriminated Against?
•Contact Us for a Free Consultation
The Equal Employment Opportunity Commission (EEOC) recently released a new document with a very direct message: it’s illegal to discriminate against American workers. The guidance, titled “Discrimination Against American Workers Is Against The Law,” puts a spotlight on an issue many people don’t realize falls under federal civil rights protections.
Most of us are familiar with discrimination laws as they relate to race, gender, religion, or disability. But national origin is also protected under Title VII of the Civil Rights Act of 1964. That means employers can’t treat workers differently because they’re from a particular country.
What the EEOC is emphasizing now is that “American” is a national origin too, and bias aimed at U.S. workers can violate the law just like any other form of national origin discrimination.
This may sound strange at first, especially because public discussions about discrimination often focus on bias against immigrant workers. But the EEOC says it has seen real situations where American workers were passed over, pushed aside, or treated worse because their employer preferred hiring individuals on certain visas. According to the Commission, this problem is happening in multiple industries across the country.
What is National Origin Discrimination Against American Workers?
National origin discrimination against American workers occurs when an employer shows a preference for hiring or retaining foreign workers, often those on temporary work visas like the H-1B, over qualified American workers. This is a violation of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on national origin.
Examples of Discrimination Against American Workers
Discriminatory Job Postings
One of the clearest examples the EEOC calls out is job postings that state things like “H-1B preferred” or “H-1B only.” If you’ve never heard of that before, the H-1B is a visa program that allows U.S. employers to hire foreign workers in specialty occupations.
The problem isn’t the visa program itself—it’s when employers send the message that Americans need not apply. The EEOC says that kind of wording can discourage U.S. workers from even trying for those jobs and may violate Title VII.
Unfair Treatment in the Workplace
The Commission is also looking at how companies treat workers once they’re hired. In some fields, particularly in tech and contracting, workers sit “on the bench” between assignments. The EEOC warns that if American employees are let go more often than visa workers during these down times, that could be illegal discrimination.
The same goes for pay, promotions, training opportunities, and benefits. If Americans are consistently getting the short end of the stick, that’s a red flag for workplace discrimination.
Another big point the EEOC stresses is that employers can’t justify national origin discrimination with common business excuses. For example, an employer can’t say its customers prefer foreign workers, or that visa employees are “cheaper,” or that workers from a certain country supposedly have a better work ethic. These kinds of explanations show up in the real world, but under the law, they simply aren’t acceptable.
What This Means for Employees
This new guidance from the EEOC is a significant step in protecting the rights of American workers. It clarifies that you have legal recourse if you believe you have been the victim of national origin discrimination. Here are some key takeaways for employees:
•You have the right to a fair hiring process. Job advertisements should not express a preference for foreign workers or visa holders.
•You have the right to equal treatment in the workplace. This includes pay, promotions, benefits, and job security.
•Your employer cannot use business excuses to justify discrimination. Customer preference or the perceived cost-effectiveness of foreign workers are not valid reasons to discriminate against American workers.
What Should You Do if You Believe You’ve Been Discriminated Against?
If you believe you have been discriminated against because you are an American worker, you have several options. You can file a charge of discrimination with the EEOC. The EEOC will investigate your claim and may take action on your behalf. You may also have the right to file a private lawsuit against your employer.
Contact Us for a Free Consultation
If you believe you have been the victim of workplace discrimination, it is important to speak with an experienced employment lawyer. Our firm specializes in representing employees in all types of discrimination cases, including those involving national origin discrimination. Contact us today for a free, confidential consultation to discuss your case.
