The U.S. Equal Employment Opportunity Commission (EEOC) issued a one-page technical assistance document on national origin discrimination and updated its landing page to help workers and employers understand what this type of discrimination looks like and how employees can seek assistance.
The document defines national origin discrimination as treating employees or applicants unfavorably or favorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background. It highlights unlawful practices under Title VII, including:
Discriminatory Job Advertisements
Title VII prohibits job ads that express preference or requirements based on national origin or visa status. Examples include ads stating “H-1B preferred” or “H-1B only.”
Disparate Treatment
Title VII bars discrimination in employment terms and conditions, such as hiring, firing, job assignments, compensation, and promotions. Evidence can include terminating American workers on the “bench” between assignments at a higher rate than visa guest workers, or making it harder for U.S. workers to apply compared to H-1B visa holders during the PERM labor certification process.
Harassment
Harassment based on national origin is illegal when it involves unwelcome remarks or conduct that result in an adverse change to employment conditions or is so frequent or severe that a reasonable person would find it intimidating, hostile, or abusive.
Retaliation
Employers cannot retaliate against individuals for engaging in protected activity, such as opposing national origin discrimination, participating in investigations, or filing an EEOC charge.
The EEOC also clarifies that certain considerations do not justify hiring foreign workers over American workers, including customer or client preference, lower labor costs, or beliefs that workers from specific national origin groups are more productive or have a better work ethic.