The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its guidance on national origin-related discrimination in the workplace by publishing its technical assistance document, “Discrimination Against American Workers Is Against The Law.” This update aims to clarify how the EEOC believes issues of national origin should be viewed. As employers are aware, Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on protected characteristics such as race, sex and national origin. Title VII protects employees, applicants, and participants in training or apprenticeship programs and applies to employers with 15 or more employees, employment agencies, training program operators, and labor organizations. 

The updated guidance provides some assistance, but employers should keep in mind that it is only the EEOC’s focus that has changed, not the law. As ever, policies, programs, or practices may be unlawful if they involve employment actions motivated by an employee’s or applicant’s national origin or another protected characteristic. This ‘clarification’ simply reinforces the long-held understanding that Title VII’s protections apply equally to all workers, regardless of their national origin or other protected characteristics.   

The update also clearly indicates where future EEOC enforcement actions will likely focus. Business decisions regarding hiring, termination, promotion, demotion, access to career and job opportunities, and training are all key areas where employers must make certain their practices are non-discriminatory in fact and in action.   

To ensure consistency in your organization’s anti-discrimination policies and procedures, consider the following: 

• Inclusive Training: Provide training and mentoring on EEOC obligations with special emphasis on decision-making responsibilities for supervisory and managerial personnel.  

• Audit Complaint Response Processes: Ensure that your internal complaint response processes track all complaints filed and include timely and thorough responses. The most effective processes make no distinction when it comes to the type of complaint or the issue(s) raised.  

• Non-Discriminatory Policies: As always, be sure to develop and enforce policies and practices that do not segregate or classify employees based on national origin or other protected characteristics in a way that affects their employment status or opportunities. 

By ensuring consistency in anti-discrimination practices, organizations can minimize risks and adhere to guidelines that promote equity in the workplace while complying with federal anti-discrimination laws.