EEOC Intensifies Enforcement of ‘Anti-American’ Bias Protections

The US Equal Employment Opportunity Commission (EEOC) has announced aggressive enforcement efforts targeting “anti-American” bias in the workplace that could significantly impact employers, as Mayer Brown writes in a recent article on its website.

Under EEOC Chair Andrea Lucas, the agency is prioritizing national origin discrimination claims where employers allegedly favor foreign workers over American workers, a significant shift in enforcement posture.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on national origin. The EEOC now explicitly extends that protection to American workers. In November 2025, the EEOC issued technical guidance clarifying that preferring foreign workers, including those with specific visa statuses such as H-1B, overqualified American workers, constitutes unlawful discrimination.

The agency also revised its online guidance to reflect this focus. Notably, the US Department of Labor characterized the efforts as part of a coordinated “whole-of-government” initiative, including Project Firewall, targeting H-1B visa program abuses, which was announced in September 2025.

Recent enforcement actions illustrate the EEOC’s commitment. These include a December 2025 lawsuit against United Pride Dairy LLC for favoring Mexican nationals over American workers; a $150,000 settlement with Seward and Son Planting Company for preferential treatment of immigrant agricultural workers; and a $1.4 million settlement with LeoPalace Guam Corporation for favoring Japanese employees in compensation and working conditions.

Counsel advising employers, particularly those managing global mobility programs, international workforce transfers, or H-1B-dependent hiring pipelines, should assess exposure immediately.

Due diligence in M&A transactions should now include review of clients’ foreign worker hiring practices and visa compliance frameworks as material risk factors. Enterprise risk management protocols should be updated to incorporate EEOC’s expanded national origin discrimination standards.

Lawyers should recommend that HR policies, training programs, and internal investigation procedures explicitly address “anti-American” bias Existing consent decrees and settlement agreements should be evaluated to see whether supplemental compliance measures are required.