Federal: New EEOC technical assistance on national origin discrimination

At a glance

• On November 19, 2025, the US Equal Employment Opportunity Commission (EEOC) published a one-page technical assistance document on national origin discrimination.
• The guidance clarifies that discrimination includes unfavorable or favorable treatment based on country of origin, including against Americans.
• Examples include job ads preferring foreign workers and disparate treatment in hiring or termination practices.
• EEOC updated its national origin discrimination webpage and encourages affected workers to contact the agency promptly.
• Employers should review recruitment and hiring practices to ensure consistent application of EEO policies.

On November 19, 2025, the EEOC released a one-page 'technical assistance' document addressing national origin discrimination, including discrimination against Americans. It also updated its national origin discrimination landing page to provide workers and employers with information about what anti-American national origin discrimination can look like in the workplace and encourage workers who believe they have experienced anti-American national origin discrimination to contact the EEOC promptly.

The technical assistance document states that national origin discrimination involves 'treating workers (applicants or employees) unfavorably or favorably because they are from a particular country or part of the world.' This can include preferring foreign workers, such as workers with a particular visa status, over American workers. The guidance provides examples of potential discrimination against Americans in the workplace, including:

• Discriminatory job advertisements, such as ads that say the employer prefers or requires applicants from a particular country or with a particular visa status and
• Evidence of disparate treatment, such as terminating American workers who are currently in between assignments at a higher rate than employees who are visa guest workers or making it more difficult for applicants from one national origin to apply for positions (eg subjecting US workers to stricter application processes than H-1B visa holders).

Employers are encouraged to review recruitment and hiring practices and to ensure EEO policies are applied consistently to all employees and applicants.