In a significant move, American companies are facing a stern warning from federal authorities to cease discriminatory hiring practices that sideline domestic workers in favour of foreign nationals on H-1B visas. This ultimatum, part of an expanded enforcement initiative called Project Firewall, carries the threat of federal penalties for non-compliance.
Project Firewall: A Clampdown on Hiring Bias
The initiative gained momentum as the US Equal Employment Opportunity Commission (EEOC) issued new rules to remind employers that showing preference to foreign workers and H-1B visa holders may be a direct violation of federal law. This action aligns with the recent launch of Project Firewall, a collaborative effort designed to protect the rights and wages of highly skilled American workers and ensure they are given priority for job opportunities.
Labour Secretary Lori Chavez-DeRemer expressed strong support for the EEOC's stance, stating, "I applaud the EEOC for standing with the Department of Labor’s mandate under Project Firewall to ensure American workers have a fair chance to compete and succeed." She emphasized that under President Trump's leadership, the administration would continue working with federal partners to end bad practices and safeguard opportunities for American workers.
EEOC's Strong Response to 'Anti-American Discrimination'
EEOC’s chair, Andrea Lucas, highlighted the severity of the issue, noting that the scale of unlawful hiring bias against American citizens demands a robust federal response. "With the scale of unlawful anti-American discrimination we’re seeing, robust investigation and enforcement within the EEOC and with our federal partners is essential to protecting America’s workforce," she said.
To bolster its efforts, the EEOC published a new, concise document titled "Discrimination Against American Workers Is Against The Law" and updated its national origin discrimination information hub. These resources detail how discrimination can manifest in various forms, including:
- Biased job advertisements
- Discriminatory hiring processes
- Workplace harassment
- Retaliation against complainants
These guidelines are firmly rooted in Title VII of the Civil Rights Act of 1964, along with existing policy guidance and Supreme Court rulings.
Consequences and Employee Recourse
The EEOC issued a clear warning that many employers continue to maintain policies that illegally prefer migrants, illegal aliens, or non-immigrant guest workers over qualified Americans. The commission firmly stated that nothing, including the cost of labour, customer preferences, or stereotypes, justifies illegal national origin discrimination.
The commission also reminded American workers that they have the right to file discrimination complaints directly through the EEOC website. The EEOC has the authority to investigate and take action against private employers. For cases involving state and local government agencies, the EEOC shares enforcement responsibility with the Department of Justice (DOJ), ensuring a comprehensive approach to tackling this issue.
