On November 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued a new technical assistance document, fact sheet and press release on national origin discrimination issues. The press release also announced updates to the EEOC’s national origin discrimination webpage.
The new EEOC issuances seek to encourage filing of national origin discrimination claims in cases where persons of American national origin are discriminated against in favor of those of other national origin groups (including discrimination in favor of noncitizens over citizens). This statement represents a change in enforcement priority rather than a change in the relevant EEO statutes or regulations. In the context of national origin discrimination claims, Title VII has always permitted such national origin employment discrimination claims, as recognized by preexisting EEOC guidance. See, e.g., EEOC Enforcement Guidance on National Origin Discrimination (Nov. 18, 2016), § II.A and fn.20. Citizenship is not a listed protected category under Title VII; under Title VII, citizens and noncitizens are required to be treated equally, and employers cannot discriminate based on citizenship status, if doing so would have the purpose and effect of discriminating on a Title VII protected basis such as national origin. See id. at § II.A and fn.29; 29 C.F.R. §§ 1606.3-1606.5. However, Title VII is subject to certain statutory exceptions, for example where positions have national security requirements (which may relate to national origin in some circumstances) or where national origin might be a ‘bona fide occupational qualification;’ it falls to other statutes to more directly restrict employers from employing individuals not legally authorized to work in the US. See id.; 42 U.S.C. §§ 2000e-2(e, g). The primary statute restricting employers from hiring employees not authorized to work in the US is 8 U.S.C. § 1324b; this statute a second statute outside EEOC jurisdiction which provides for a legal cause of action for “immigration-related unfair employment practices,” a category which also covers claims discrimination in favor of noncitizens and against citizens or and claims of discrimination against Americans due to national origin. Immigration-related unfair employment practices are outside EEOC jurisdiction, and are instead enforced by the Department of Justice Civil Rights Division’s Immigrant and Employee Rights Section; the EEOC and DOJ have established guidance and procedures on the interactions between the two potentially overlapping claims. As such, the new EEOC issuances merely state an enforcement priority, and do not change the substantive law on point under Title VII. Further, as required by Title VII, the EEOC must still accept and process claims of employment discrimination which favor Americans over persons of other national origins, and complainants with such claims may still pursue them in federal court even if the EEOC does not order relief (for federal sector civil service employees) or ops not to prosecute (for private sector and state/local government employees).
If you are a civilian federal employee and wish to seek advice regarding a possible discrimination claim, consider contacting Gilbert Employment Law, to request an initial consultation.