Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on national origin (or perceived origin) in all terms of employment from hiring decisions, pay, advancement, to demotion and termination. Title VII is designed to protect all workers from bias based on their country of origin, whether an employee is an American born citizen or an employee who is originally from or associated with a country outside of the U.S..
The original intent of discrimination laws under Title VII with regard to national origin was to shield immigrants and ethnic minorities from exclusionary practices in the workplace. However, more recently, the application of the law has evolved to include cases where U.S. citizens are being sidelined in favor of foreign nationals in visa heavy industries such as tech.
Fortunately, anti-discrimination law does not carve out exceptions for majority groups, but offers protections against workplace discrimination across the board. Driving home the point, in 2025 the U.S. Supreme Court struck down any heightened pleading standards for reverse discrimination claims under Title VII, which had previously required majority group plaintiffs (U.S. born Caucasian workers) to show extra background circumstances to prove the employer favored minorities. The court ruled that Title VII protects individuals, not groups, leveling the field so American citizens can sue for anti-American bias without heightened standards just like other employees.
In broader enforcement against national origin anti-American violations, the EEOC has stated clearly that discrimination against U.S. workers is illegal. In 2025, the EEOC released guidance warning against job ads preferring H-1B visa holders, off the book pay undercutting U.S. wages, or stereotypes such as “foreign workers are cheaper/more productive than their U.S. citizen counterparts, all of which point to national origin discrimination. Under Title VII, both American citizens and foreign born/affiliated workers enjoy the same anti-discrimination protections under the law.
Not surprisingly, enforcement data shows increasing claims of national origin discrimination every year, with many intersecting with citizenship bias. Many refer to the issue as reverse discrimination, echoing a broader DEI backlash, but in reality the law isn’t about protecting American jobs per se, but protecting American citizens and foreign nationals alike.
Title VII Protections in Action
In Hiring – Lawsuits involving ads for “U.S. born only” or “H-1B visa preferred ads” are prohibited as they sideline both U.S. and foreign applicants
Workplace Policies – EEOC is probing foreign-owned firms denying employment to, or assigning U.S. worker to dead end roles while fast tracking foreign nationals. Conversely, the EEOC scrutinizes U.S. firms favoring U.S. applicants and employees over foreign nationals – it cuts both ways
Harassment – Discrimination suits involving “harassment of U.S. workers” mocked as lazy Americans by international teams or harassment involving workplace rules that disadvantage foreign workers can result in a finding of national origin discrimination
Contact Our Employment Discrimination Attorneys for Help
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination because of race, color, religion, sex, national origin and other protected classes. National origin refers to where an employee is born (or where their ancestors were born); their ethnicity or ethnic group; and the accent, customs, or physical appearance tied to a country or regions. Refusing to hire someone whether they are American, Indian, or Mexican is discrimination based on national origin. If you have been discriminated against when applying for jobs or suffered an adverse employment decision based on national origin, contact the employment law offices of Alan C. Olson & Associates for immediate assistance.
