Employment Law and Compliance Updates from the Law Offices of Paul P. Cheng
– FEDERAL –
EEOC Reinforces Protections for U.S. Workers Under Title VII
The U.S. Equal Employment Opportunity Commission recently issued new technical guidance clarifying that discrimination against American workers is unlawful under federal law. In its November 19, 2025 guidance, the EEOC reaffirmed that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin, a protection that extends equally to U.S. citizens and American-born workers.
The guidance highlights examples of practices that may constitute unlawful national origin discrimination, including job postings or hiring practices that expressly or implicitly favor foreign workers, such as advertisements stating “H-1B preferred,” or policies that make it more difficult for American applicants to apply for or obtain employment. According to the EEOC, employment decisions must be based on legitimate, nondiscriminatory factors and applied consistently to all candidates.
Importantly, the EEOC emphasized that commonly cited business justifications, including customer or client preferences, workforce convenience, or lower labor costs, do not excuse discriminatory hiring or employment practices. Employers remain responsible for ensuring that recruitment, hiring, and employment policies comply with federal anti-discrimination laws.
What This Means for Employers
Employers should review job postings, recruiting strategies, and internal policies to ensure they do not inadvertently exclude or disadvantage American workers based on national origin. Proactive compliance can help reduce the risk of EEOC investigations, enforcement actions, and costly employment litigation.
Guidance for Employees
Workers who believe they have been denied employment opportunities or treated differently based on national origin may have legal protections under federal law and should seek legal advice promptly.
The Law Offices of Paul P. Cheng continue to monitor federal employment law developments and advise employers and employees on compliance, risk management, and enforcement issues arising under Title VII and related statutes.
– CALIFORNIA –
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At the Law Offices of Paul P. Cheng & Associates, we counsel businesses on California labor compliance and defense. If you have questions about how these changes affect your operations, contact our office to ensure your policies are updated before January 2026.
These developments highlight the evolving landscape of employment regulations on both federal and state levels. Employers should stay updated and ensure compliance to avoid legal pitfalls and potential penalties. Legal counsel is recommended to navigate any complex changes effectively.
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