EEOC’s Anti-American Bias Focus Will Test Scope of Title VII

The Equal Employment Opportunity Commission’s new enforcement push against anti-American employer practices is poised to test the limits of workplace anti-discrimination protections based on national origin.

EEOC Acting Chair Andrea Lucas, a Republican, recently pledged to “rigorously” enforce a key civil rights law against companies that show a bias for foreign workers, including visa holders, over US citizens. She called discrimination against American citizens a “large-scale problem,” aligning the commission’s priorities with the administration’s aggressive immigration agenda.

Pursuing cases of bias against American workers would apply Title VII of the 1964 Civil Rights Act in ways it hasn’t historically been ...