New England Biz Law Update
The U.S. Equal Employment Opportunity Commission has released updated guidance and educational materials clarifying how national origin discrimination is defined and enforced under Title VII of the Civil Rights Act.
The new resources include a refreshed national origin discrimination webpage, updated examples of prohibited conduct, and a one-page technical assistance document reinforcing that discrimination against any worker, including U.S. citizens, is unlawful.
The EEOC reaffirmed that national origin discrimination includes adverse treatment based on a worker’s place of origin, ethnicity, accent, cultural traits, or perceived national background.
The updated materials also emphasize that employers may not favor temporary visa holders over U.S. workers unless required by law, and that job postings implying nationality-based preferences (for example, suggesting a preference for a specific visa category) may violate Title VII.
The agency highlighted several practices that may draw scrutiny, including differential treatment of U.S. workers in hiring, selective enforcement of workplace rules based on cultural traits, and harassment grounded in assumptions about ethnicity or language ability.
Although these materials do not change existing law, they signal a renewed enforcement focus at a time when many employers rely on multilingual workforces, global recruiting, and AI-supported screening tools that may inadvertently produce biased outcomes.
In light of the updated guidance, employers should take steps to ensure compliance with Title VII, including:
- Reviewing job postings and recruiting practices to avoid language that suggests preferences based on national origin or visa type.
- Auditing hiring, promotion, and discipline decisions to confirm that policies are applied consistently across all national origin groups.
- Training managers and HR personnel on preventing harassment, accent bias, and assumptions tied to cultural or ethnic background.
