theeeoCanddoJ’ SShiftonnationaloriGinandCitizenShipdiSCrimination labor & Employment law Section
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investigations, which are known to be comprehensive. In prior administrations, the IER focused on employment bias against foreign nationals as opposed to bias against United States citizens. The first Trump administration attempted to conduct more investigations into bias against United States citizens. Under the second Trump administration, IER is shifting its focus to protecting United States citizens’ rights. This is supported by media reports the Acting Section Chief modified IER’ s mission statement to investigating companies who“ unlawfully discriminate against U. S. workers in favor of foreign visa workers.”
Notably, the INA’ s antidiscrimination provisions apply to employers with four or more employees. This numerical difference from Title VII could potentially pave the way for aggrieved employees to bring claims against entities employing from four to fourteen employees.
The EEOC’ s press release vaguely references collaboration with other federal agencies, including the DOJ. In light of the EEOC’ s focus on anti-American bias in the workplace and the administration’ s focus on United States citizens’ rights, these two laws— Title VII and the INA— will likely result in agencies working together to increase the focus on any“ anti-American” bias, while also placing other forms of citizenship and / or national origin discrimination on the back burner.
Employers may want to review their internal policies to ensure they not only prohibit discrimination on the basis of national origin, but also citizenship status. Moreover, employers may want to remain focused on any guidance put forth by the EEOC or DOJ regarding the focus of their investigations in the coming months. n
Author: Stephanie Generotti – Ogletree Deakins
Welcome New HCBA Members JUNE – JULY 2025
Omar Abdelghany Luis Aguila Cody Cardinale Leslie A. Dutchcot Elysse V. Gorney Nelson Guerra George Edward Hebert, Jr. Judge Branden Michael Henderson Arianna N. Hernandez Martin J. Hernandez Sarah Kinnett Hibbard Stephen Jones Chante ' Jones Staverline Julien Jason Kelley Daniel P. King
Gabrielle Nicole King Julia Lagnese Jake Morgan Lillian Odongo Emily Ann Perkins Jacob Ponzoli Michael T. Relihan Savannah Smith Race Thomas Smith Michael Christopher Sterious Avery Swygert Aden Taha Christopher Aaron Troyer Viengphone Vilaykham Vongsyprasom Morgan City Zimarakos
S E P T- O C T 2 0 2 5 | H C B A L A W Y E R
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