On 2/19/2025, EEOC Announced a Crackdown on Anti-American Bias with a target of those engaging in unlawful national origin discrimination, including employers and staffing agencies. By emphasizing staffing agencies in its Press Release, it appears that EEOC is targeting staffing agency that focus on foreign workers and they should lawyer-up immediately. 

What You Need to Know

The U.S. Equal Employment Opportunity Commission (EEOC) has announced a renewed focus on combating national origin discrimination, with a particular emphasis on protecting American workers from unlawful hiring preferences that favor non-American employees. Acting Chair Andrea Lucas made it clear that the agency will be increasing enforcement efforts against employers, staffing agencies, and other entities that engage in illegal hiring practices that disadvantage American workers. Read the full EEOC press release here.

Summary of the EEOC’s Announcement

The EEOC is intensifying enforcement against employers that unlawfully prefer non-American workers over American workers, citing violations of Title VII of the Civil Rights Act. The agency aims to deter illegal migration and curb the abuse of legal immigration programs by holding employers accountable for discriminatory hiring practices.

What Employers Need to Know

Employers should immediately review their hiring, recruitment, and staffing policies to ensure compliance with Title VII’s prohibition on national origin discrimination. Common illegal practices include:

• Preferring non-American workers over American workers due to perceived cost savings or ease of exploitation.
• Hiring practices that intentionally exclude U.S. citizens or lawful permanent residents in favor of visa holders.
• Making employment decisions based on biased stereotypes about work ethic, productivity, or compliance.
• Complying with client demands for a foreign workforce over qualified American workers.

The EEOC has made it clear that these discriminatory practices will not be tolerated, and businesses found to be in violation may face significant legal and financial penalties.

What Employees Need to Know

Employees, whether American or non-American, are protected under federal law from national origin discrimination. If you suspect that an employer is favoring foreign workers over qualified American workers—or engaging in any other form of national origin discrimination—you have the right to file a complaint with the EEOC within 300 days (in NY, but may be 180 days elsewhere) of the discriminatory action. Employees are protected from retaliation for reporting discrimination, and the EEOC can investigate claims and, if necessary, give you a right to sue letter so you can sue in Federal Court to recover lost wages, emotional support damages, and your attorneys' fees.

Today, we bring to your attention the recent release of pivotal data by the U.S. Equal Employment Opportunity Commission (EEOC). This data, encompassing information from 2017 and 2018, provides an insightful glimpse into the state of pay disparities in American workplaces., which is illegal based on the Equal Pay Act. To learn more about the Equal Pay Act, take a CLE from Attorney Andrew Lieb here.

Key EEOC Findings:

The EEOC's data dashboard reveals a troubling reality: pay disparities based on sex and race persist across nearly every industry and state. Here are some crucial highlights:

• Gender Disparities: The data unequivocally shows that men continue to outearn women, with the median pay band for men consistently higher than that for women. In 2018, this gap was particularly pronounced, with men's median pay band being one or even two bands higher than women's.
• Racial Disparities: The disparities deepen when considering race and ethnicity. Black or African American women and American Indian or Alaska Native women find themselves in the lowest median pay bands, reflecting a distressing pattern of inequality.
• Industry and Job Category Trends: Across various industries and job categories, men consistently occupy higher median pay bands compared to women. While some sectors exhibit equal median pay bands, such as Accommodation and Food Services, these instances remain exceptions rather than the norm.
• Geographical Disparities: Disparities are not confined to specific industries or job categories but are pervasive across different states. For instance, in 2018, Wyoming, Louisiana, and West Virginia exhibited significant differences in median pay bands between men and women.

• Equal Pay Act and Title VII: The EEOC enforces both the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, which prohibit pay discrimination based on sex, race, color, national origin, and religion. If you believe that you have experienced pay discrimination, you may have legal grounds to pursue a case and if you live in a State, like New York, you can go back up to 3 years on the state's anti-discrimination law to bring your case.
• Data as Evidence: The aggregated data provided by the EEOC can serve as compelling evidence in legal proceedings. If you find that your pay is unfairly lower compared to colleagues of a different
  gender or race in similar roles, this data can bolster your case.
• Consultation: If you suspect pay discrimination in your workplace or have questions about your rights, we encourage you to seek legal consultation. Lieb at Law, P.C. is here to provide guidance and support as you navigate the complexities of employment law.

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Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.

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The U.S. employment law landscape has been transformed with the implementation of the Pregnant Workers Fairness Act (PWFA). This law, endorsed by President Joe Biden, extends protections to employees dealing with pregnancy, childbirth, or related conditions. The U.S. Equal Employment Opportunity Commission (EEOC) will now begin processing discrimination charges under this fresh statute, opening a new chapter in labor rights.

Legal Provisions:

The PWFA mandates employers to provide reasonable accommodations for pregnancy, childbirth, or related conditions, except when these adjustments impose an undue hardship on the employer. The PWFA thus augments protections under Title VII of the Civil Rights Act. As EEOC Chair Charlotte A. Burrows stated, the PWFA aids workers in securing their entitlements under this new law.

EEOC's Role and Resources:

The EEOC has introduced educational materials to aid workers and employers in understanding the new law. These include a "Know Your Rights" video series, a revised poster, and a guide to the PWFA. The EEOC is also set to accept discrimination charges under PWFA.

The Bottom Line:

The Pregnant Workers Fairness Act fills a gap in employment rights, fostering a more equitable and inclusive working environment. It is a substantial step towards legally addressing the unique challenges faced by pregnant workers, fostering a fair workspace for all.

If you are a victim, you can bring a discrimination case and recovery monetary damages for your lost pay and emotional distress. You have rights.