If you hire non-Americans, the EEOC is coming after your business.
In a press release, Acting Chair Andrea Lucas says the following:
"The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop.… Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination."
Lucas's statement—while technically correct under Title VII—creates more problems than it solves.
1. It ignores the realities of the labor market. Certain industries, particularly those requiring specialized skills, rely on immigrant workers. If companies start second-guessing every hiring decision to avoid liability, they could end up with unfilled jobs and stalled growth. Protecting American workers shouldn't mean making it harder for businesses to compete and innovate.
2. It is ripe for misinterpretation—and lawsuits. The broad language of this directive could have unintended consequences. Employers worried about running afoul of the EEOC might over-correct by refusing to hire qualified non-American workers—which is discriminatory. If this policy leads to more litigation (spoiler: it will), businesses will be stuck spending more time and money in court instead of running their businesses.
3. It isn't about "protecting American workers." It's about punishing non-American workers. There's a fine line between protecting American workers and fostering a climate of exclusion. Framing this as an "anti-American bias" issue will fuel xenophobia instead of promoting fair hiring. If we're serious about equal opportunity, the solution isn't to pit American and non-American workers against each other—it's to ensure fair hiring across the board.
Yes, the law protects American workers from discrimination, too. But this policy feels less like a thoughtful solution and more like a blunt instrument promoting xenophobia. If the goal is truly fairness, we need policies that support businesses, workers, and economic growth—not ones that divide.