Acting chair of the US EEOC Andrea Lucas has deemed employers who favour non-US employees in violation of anti-discrimination laws and therefore subject to investigation and possible legal action by the agency.
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The US Equal Employment Opportunity Commission (EEOC) is putting employers that demonstrate “anti-American bias” on notice, Lucas said in a press release on 19 February 2025. Lucas said the EEOC will increase enforcement of anti-discrimination laws against employers who favour “non-American workers.”
“[I]f you are part of the pipeline contributing to our immigration crisis or abusing our legal system via illegal preferences against American workers, you must stop,” Lucas said. “The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.”
Lucas said many US employers have policies that prefer immigrants, migrants, and visa holders. She said these preferences are a direct violation of Title VII of the Civil Rights Act 1964.
According to the EEOC Enforcement Guidance on National Origin Discrimination, Title VII “prohibits employment discrimination against individuals because of their national origin group,” which includes citizenship status. In Wednesday’s press release, Lucas recognised that “Title VII’s national origin non-discrimination requirement generally means that employers cannot prefer American workers.” However, she said it equally protects US citizens from the same discrimination.
The EEOC provided a list of reasons that employers may favour citizens of other countries, clarifying that none are permissible under Title VII. Reasons include:
- lower labour costs;
- establishing a workforce “that is perceived as more easily exploited, in terms of the group’s lack of knowledge, access, or use of wage and hour protections;”
- client preferences; and
- “biased perceptions” that non-American employees are more productive and have stronger work ethics.
Lucas’ announcement marks another effort by the EEOC to align with US President Donald Trump’s agenda, including executive orders targeting DEI and immigration. Upon being named acting chair, Lucas said her priorities were “consistent with the President’s Executive Orders” and included, among other things, “protecting American workers from anti-American national origin discrimination.”
Wednesday’s press release pointed to the EEOC’s track record of national origin discrimination cases since 2008. According to the record, the agency has been challenging employers who exhibit anti-American preferences since then.
The new directive follows an 18 February 2025 settlement with a resort on the US territory of Guam in the EEOC’s latest national origin discrimination suit – and the first under Lucas’ leadership.
LeoPalace Resort agreed to pay more than US$1.4 million for providing non-Japanese employees with unfavourable wages and benefits in comparison to Japanese employees since 2015. LeoPalace will also hire an external equal employment opportunity monitor to oversee future compliance and policy implementation. However, its Japanese parent company said the resort will continue to assert its rights under the US-Japan friendship, commerce and navigation treaty.
“Federal anti-discrimination laws ensure equal employment opportunity for jobs performed by all workers regardless of national origin,” Lucas said in a statement. “This case is an important reminder that unlawful national origin discrimination includes discrimination against American workers in favor of foreign workers,” she added.