02-27-2025
Acting EEOC Chair Andrea Lucas put employers on notice that they must stop “contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers.” The EEOC plans to deter illegal migration and reduce the abuse of legal immigration programs by increasing its enforcement against employers that illegally prefer non-American workers. Lucas asserted that many employers prefer undocumented individuals, migrant workers, and visa holders over American workers, which violates Title VII prohibition on national origin discrimination. Agriculture, manufacturing, and blue-collar jobs are considered primary sectors contributing to this issue. She stated that cracking down on this unlawful discrimination will “shift employer incentives” and decrease demand for undocumented workers. Part of the enforcement plan includes working with other federal agencies, including the Department of Justice, the Department of Homeland Security, and the Department of Labor, on issues that overlap.
Lucas’ announcement lists what the agency considers legally impermissible reasons to prefer non-American workers, like lower-cost labor, the perception that these individuals are more easily exploited, customer or client preferences, and biased perceptions that foreign workers are more productive or have a better work ethic. She stated that national origin discrimination includes American workers when employers favor foreign workers.
In addition, the EEOC has requested to dismiss the six lawsuits filed under the previous administration alleging discrimination against transgender workers. Relying on the recent executive order stating that there are two genders, the requests for dismissal were filed in pending lawsuits in multiple jurisdictions, including Alabama, Illinois, New York, and California. These complaints accused employers of tolerating deadnaming, misgendering, “outing,” and harassing transgender employees. Some of these employers retaliated against the employees after they complained. The former acting EEOC chief brought the lawsuits based on the U.S. Supreme Court’s decision finding that Title VII protected transgender individuals from discrimination based on their gender identity.