EEOC’s Warning: Stop Discriminating Against American Workers
According to EEOC Acting Chair Andrea Lucas, many employers—especially in industries like construction, hospitality, and tech—have policies or hiring practices that favor foreign workers over equally-qualified U.S. citizens.
Key Takeaways from the EEOC’s Announcement
✅ Employers can’t prefer foreign workers (including visa holders or undocumented workers) over American workers.
✅ Staffing agencies and contractors that facilitate so-called illegal hiring practices may also be held accountable.
✅ Justifications like lower labor costs, client preferences, or stereotypes about work ethic don’t excuse violations of Title VII.
This Matters for New York – and All – Companies
🔹 Increased enforcement means higher risks of lawsuits and government investigations.
🔹 Failing to comply can lead to EEOC penalties, backpay settlements, and legal fees.
🔹 Proactive compliance ensures a fair and legally-sound hiring process, reducing liability.
Does This Mean Employers Must Hire American Workers Over Foreign Workers?
No.
As we’ve long known, hiring decisions must be neutral and based only on skills and experience. You can’t favor or exclude workers based on national origin.
This Harvard Business Review article provides some practical tips on eliminating bias in hiring decision-making.
New York vs. Federal Law
Those of us in New York know our State laws often provide stronger protections to employees than federal law does.
The New York State Human Rights Law prohibits national origin discrimination just like Title VII does, but with additional protections:
Key Differences Between Federal & New York Law
| Factor | Federal Law (Title VII) | New York Human Rights Law |
|---|---|---|
| Who It Covers | Companies with 15+ employees | All employers, regardless of size |
| Stronger Protections | Protects against national origin bias | Extends protections to immigration status |
| Enforcement | Investigated by EEOC | Investigated by NY Division of Human Rights |
| Penalties | Fines, back pay, legal fees | Civil penalties, compensatory damages, legal fees |
5 Steps to Ensure Compliance & Avoid EEOC Investigations
1️⃣ Review Hiring & Recruiting Policies
✔️ Remove any preferences for or against foreign workers.
✔️ Ensure job postings focus only on required skills and experience.
2️⃣ Train HR & Hiring Managers
✔️ Educate decision-makers on Title VII and New York labor laws.
✔️ Reinforce that bias (even unintentional) is unlawful.
3️⃣ Audit Staffing & Recruiting Agencies
✔️ Ensure vendors aren’t filtering candidates based on national origin.
✔️ Require compliance with EEOC and NY Human Rights Law regulations.
4️⃣ Document Hiring Decisions
✔️ Keep clear records of interview evaluations and hiring choices.
✔️ If challenged, have evidence of neutral decision-making.
5️⃣ Stay Updated on Employment Law Changes
✔️ Especially with the new administration, EEOC priorities are shifting—don’t get caught off guard.
✔️ Consult us if you’re unsure.
Protect Your Business: Take Action Now
The EEOC’s latest announcement signals increased enforcement, and New York’s employment laws only add to employer obligations. Taking proactive steps now can protect your business from legal risks and ensure a fair, compliant workplace.
🚀 Need Legal Guidance?
Our team at The Coppola Firm helps small businesses and HR professionals navigate complex federal and New York State employment laws.
📞 Contact us today to review your hiring policies and stay compliant!
