October 24, 2025
theeeoCanddoJ’ SShiftonnationaloriGinandCitizenShipdiSCrimination labor & Employment law Section Co-Chairs: RaquelJefferson – PhelpsDunbar & YvetteEverhart – SassLawFirm
actingChairandrealewisadvised thattheCommissionwould prioritize“ protectingamerican workersfromanti-american nationalorigindiscrimination.”
The Trump administration’ s continued focus on combating illegal immigration is impacting the United States Equal Employment Opportunity Commission’ s( EEOC) and the Department of Justice’ s( DOJ) focus on enforcing antidiscrimination laws. These two separate federal agencies are increasing their
attention on the investigation and enforcement of purported discrimination against Americans.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on enumerated protected categories, including national origin. The United States Congress tasked the EEOC with enforcing antidiscrimination laws, particularly
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October 24, 2025
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Title VII. In prior administrations, the EEOC’ s focus has been on national origin discrimination for employees who identify with origins outside of America.
In February, the EEOC issued a press release wherein Acting Chair Andrea Lewis advised that the Commission would prioritize“ protecting American workers from anti-American national origin discrimination.” According to the press release, to achieve this policy priority, the EEOC“ will help deter illegal migration and reduce the abuse of legal immigration programs by increasing enforcement of employment antidiscrimination laws against employers that illegally prefer non-American workers, as well as against staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers.” Since this presser, the EEOC released data regarding a $ 1.4 million settlement involving claims against a hotel of preference for foreign born workers.
The Immigration and Nationality Act( INA) prohibits discrimination based on national origin, and also, citizenship status. Congress tasked the DOJ with enforcing this antidiscrimination statute. The DOJ’ s Immigrant and Employee Rights( IER) section handles such
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