Last Updated on December 9, 2025 by MyHRConcierge

In November 2025, the Equal Employment Opportunity Commission (EEOC) released updated guidance on national origin discrimination titled “Discrimination Against American Workers Is Against the Law.” This publication reinforces a key principle that has always been embedded in federal law: Title VII of the Civil Rights Act protects all employees and applicants, regardless of their national origin, including American workers. In today’s complex labor environment shaped by international recruiting, workforce shortages and reliance on visa programs, this guidance provides clarity on what compliance requires in hiring practices. 

Title VII’s Broad Protection: A Refreshed Emphasis 

Although Title VII has long prohibited discrimination based on national origin, the EEOC’s 2025 update highlights this protection with new specificity. The fact sheet stresses that the prohibition applies equally to U.S.-born workers and those born abroad, and that employers must not make decisions based on an individual’s perceived nationality, ancestry, cultural background, language or accent. While these standards are not new, the EEOC’s renewed emphasis signals growing concern about workplace practices that unintentionally or deliberately exclude American workers from employment opportunities. In essence, the agency is underscoring that national origin discrimination can be cut in multiple directions, and the law protects all workers equally.

When Favoring Foreign Workers Violates the Law 

One of the most consequential elements of the updated guidance is its explanation of how discrimination occurs when employers favor foreign workers over qualified U.S. applicants. The EEOC notes that such conduct can take many forms, including situations where employers give preference to temporary visa holders or international recruits while overlooking American candidates who meet or exceed the required qualifications. In some cases, organizations may develop hiring channels that heavily rely on foreign labor to the point that U.S. applicants are effectively shut out of the process.

In other situations, decision-makers might assume that American workers are less flexible, less willing to relocate or more expensive, and these assumptions lead them to bypass domestic applicants altogether. The guidance makes clear that when national origin becomes a factor- explicitly or implicitly- in choosing a foreign worker over an American candidate, that practice may constitute unlawful discrimination under Title VII. 

Compliance Implications for Employers 

For employers, the 2025 guidance is not merely informational, but rather it carries meaningful compliance implications. Organizations should take a fresh look at their hiring and recruiting practices to ensure their processes treat all applicants fairly, regardless of their national origin. This includes examining job postings, qualification standards and the role of recruitment partners to confirm that opportunities are marketed and evaluated consistently. Employers should also reinforce training for hiring managers and recruiters, so they understand the legal boundaries surrounding national origin discrimination and know how to assess candidates without relying on assumptions tied to nationality or immigration status. 

Additionally, employers that make legitimate use of foreign labor programs must ensure those decisions rest on business needs—not preferences based on national origin. This often requires documenting hiring rationales, maintaining transparent selection criteria and routinely verifying that U.S. applicants receive full and genuine consideration. Organizations that actively monitor their internal processes are better positioned to identify risks early and foster equitable practices that withstand legal scrutiny. 

Building a Fair and Compliant Workforce Strategy 

The EEOC’s 2025 fact sheet serves as a timely reminder that cultivating a fair workplace is both a legal obligation and a strategic business advantage. Employers that align their talent strategies with equal opportunity principles are more likely to build resilient workforces, enhance organizational culture, and strengthen their public reputation. By reiterating that “Discrimination Against American Workers Is Against the Law,” the EEOC is urging employers to ensure that every applicant- whether U.S.-born or foreign-born- receives fair, consistent and merit-based consideration. 

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