On Sept. 14, 2026, Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas took to social media to encourage American employees and job applicants who believe they have been passed over in favor of foreign workers to file charges of national origin discrimination with the agency. The outreach is the latest indication that alleged discrimination against American workers will be a significant enforcement priority for the EEOC.
Title VII prohibits employers from discriminating against applicants and employees because of their national origin. Although national origin discrimination claims have historically involved discrimination against foreign-born employees, Title VII's protections apply equally to Americans as well.
The EEOC is specifically encouraging employees to report circumstances in which American workers are replaced by, or passed over in favor of, foreign workers. In her recent video, Lucas gave examples including an American employee being laid off and required to train an H-1B or other guest worker who replaces the employee or a local employer ceasing to hire American workers while increasingly hiring foreign workers. Lucas has characterized discrimination against American workers as a widespread problem and has stated that the EEOC intends to increase enforcement against employers and staffing agencies that unlawfully prefer foreign workers.
This is not the first time Lucas has used social media to directly solicit discrimination charges from a particular group of workers. In December 2025, Lucas released a video specifically encouraging white men who believed they had experienced race or sex discrimination at work to contact the EEOC and file charges. The agency subsequently amplified that message through additional materials emphasizing that Title VII applies equally to all races and both sexes and that DEI programs are not exempt from federal anti-discrimination laws.
Employers should review hiring and recruiting practices involving H-1B and other foreign workers to ensure that Visa status is not being used as a proxy for national origin discrimination or to exclude otherwise qualified American applicants. Employers should also be cautious about preferences communicated to outside recruiters or staffing agencies. The EEOC's recent messaging and enforcement activity make clear that employers should expect increased scrutiny of practices that appear to favor foreign workers over Americans.
