In the September 2026 Employment Law Update, we examine the EEOC’s growing focus on “anti-American” national origin discrimination and what Chair Andrea Lucas’ recent enforcement initiatives may mean for employers. Pennsylvania employers with significant migrant worker populations, including those in the agricultural and mushroom industries, as well as businesses utilizing foreign-worker programs and outsourced international workforces, should take note of this emerging enforcement priority. Get the details below.
EEOC Signals in Social Media Campaign Heightened Enforcement of “Anti-American” National Origin Discrimination
The U.S. Equal Employment Opportunity Commission (EEOC), under the leadership of Chair Andrea Lucas, has made clear that enforcement of so-called “anti-American” national origin discrimination is a significant agency priority. Recent public statements suggest employers should expect increased scrutiny of hiring, promotion, and workforce management practices that are perceived as favoring foreign workers over U.S. workers.
Title VII of the Civil Rights Act prohibits discrimination based on national origin. While such claims have historically been associated with immigrant or foreign-born workers, the EEOC’s current leadership has emphasized that American workers are equally protected under the statute.
That shift was prominently displayed on September 14, 2026, when Chair Lucas released a video on X (formerly Twitter) and LinkedIn urging workers to report suspected anti-American discrimination. In the video, Lucas asked: “Have you been harassed at work for speaking English or for being too American?” She also questioned whether employers have “preferred workers of one foreign national origin” or whether a foreign-owned business “mostly hires or promotes non-American workers.”
Lucas further targeted employment-based immigration practices, asking technology workers whether they had encountered PERM labor certification advertisements requiring applicants to respond “by mail or even fax instead of the company’s normal online job platform.” She also referenced allegations that some employers “prefer foreign workers because they consider American workers lazy.” After listing these examples, Lucas concluded: “If any of this sounds familiar, you may have experienced unlawful anti-American national origin discrimination.”
The significance of the video is not the legal theory itself; Title VII has long prohibited discrimination against American workers based on national origin. Rather, the significance lies in the EEOC’s active effort to generate complaints and identify the fact patterns it intends to investigate. Employers should expect heightened scrutiny of hiring practices, guest-worker programs, foreign-language workplace policies, immigration sponsorship programs, and employment decisions involving foreign-owned businesses.
This development is particularly relevant for Pennsylvania employers operating in industries with substantial migrant, seasonal, or foreign-sponsored workforces. Agricultural employers, mushroom growers, food-processing operations, landscaping companies, hospitality businesses, and manufacturers that rely on guest-worker programs should carefully review their hiring, employment practices, and workforce composition to ensure that U.S. workers are afforded equal opportunities and are not being treated less favorably based on national origin. Likewise, employers utilizing H-2A, H-2B, H-1B, or other foreign-worker programs, outsourced international workforces or foreign-owned affiliated entities should ensure that recruiting, promotion, and staffing decisions are based on legitimate business considerations rather than preferences tied to a worker’s nationality.
The practical takeaway is not that employers should avoid utilizing lawful foreign labor programs or diverse workforces. Rather, employers should ensure that employment decisions are based on legitimate business criteria, that domestic applicants receive equal consideration, and that policies regarding language use, recruiting, and promotion are applied consistently. Given the EEOC’s public campaign to encourage complaints, employers should anticipate an increase in charges asserting anti-American national origin discrimination and review their practices accordingly.
Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters.
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