EEOC Updates Guidance on National Origin Discrimination: Key Takeaways for Employers

On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued a one-page “technical assistance” document¹ regarding national origin discrimination. That same day, the agency announced that it had updated its national origin discrimination landing page so as to provide workers and employers with information about “what national origin discrimination can look like in the workplace” and how employees may obtain EEOC assistance if they feel they have been the victim of discrimination.

The technical assistance 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,” and provides several examples of fact patterns that might present unlawful discrimination, including:

• Using discriminatory job advertisements, such as ads that suggest an employer prefers or requires applicants from a particular country or with a particular visa status;
• Engaging in disparate treatment, such as terminating employees 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 (e.g., holding U.S. workers to stricter application processes than H-1B visa holders);
• Harassing an employee based on national origin, such as subjecting them to severe or pervasive unwelcome remarks or conduct based on national origin; and
• Retaliating because an employee has engaged in protected activity such as objecting to or opposing national origin discrimination in the workplace.

The document explains that the EEOC takes the position that certain considerations do not allow an employer to hire foreign workers over American workers, including customer or client preference; lower labor costs (including abuse of visa-holder wage requirement rules); or beliefs that workers of one national origin are “more productive” or possess a better work ethic than others from different groups. Finally, the updated landing page details how employees who believe they are the victims of national origin discrimination may pursue their rights with various federal agencies.

The technical assistance document comes shortly after the president designated Andrea Lucas as chair of the agency (she previously held the position of acting chair) and follows on her statement on her first day as acting chair that among her priorities was “protecting American workers from anti-American national origin discrimination.” Given the intense focus the EEOC and other federal agencies continue to give to these issues, employers should ensure that hiring and recruitment practices for both American and foreign-born workers do not run afoul of Title VII or other laws and are advised to seek the advice of counsel in evaluating such practices.  

Practical Employer Takeaways 

In response to the new guidance, employers can consider the following steps:

• Audit hiring and recruitment practices for any preference based on national origin.
• Train HR and recruiters on lawful criteria.
• Review vendor and staffing agency contracts for compliance.
• Document objective, job-related hiring standards.