EEOC Issues New Guidance on National Origin Discrimination
2 min read
Nov 29, 2016
On November 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidelines regarding national origin discrimination. Since 2002, the EEOC has observed significant legal developments addressing national origin discrimination, warranting the need to replace its earlier guidelines. In 2015, approximately 11 percent of the 89,385 private sector charges filed with EEOC alleged national origin discrimination. These charges included unlawful failures to hire, unlawful terminations, harassment and language-related policies.
The guidance expands the definition of “national origin discrimination” to mean “discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or linguistic characteristics of a particular national origin group.” Thus, according to the EEOC, “Title VII prohibits employer actions that have the purpose or effect of discriminating against persons because of their real or perceived national origin. National origin discrimination includes discrimination by a member of one national origin group against a member of the same group.”
The revised guidelines address important issues such as job segregation, human trafficking, intersectional discrimination (e.g., discrimination against Asian females), citizenship requirements, language requirements, and retaliation.
The guidelines also provide a list of “promising practices” employers should follow to avoid discrimination.
- Use a variety of recruitment tools, beyond word-of-mouth recruiting, to avoid inadvertently excluding national origin groups from employment;
- Establish written, objective criteria for evaluating candidates, communicate the criteria to candidates, and apply the criteria consistently;
- Develop objective criteria for identifying the unsatisfactory performance or conduct that can result in discipline, demotion, or discharge, such as a progressive discipline policy, clearly communicate those policies to employees, and document reasons for discipline;
- Communicate to employees that workplace harassment will not be tolerated through written policies and training;
- If languages other than English are spoken in the workplace, translate and provide training on workplace policies in your employees’ native languages.
- carefully scrutinize employment decisions that are based on language and accent to ensure they are based on legitimate, non-discriminatory business criteria.
For more information regarding issues related to national origin discrimination, please contact your regular Hinshaw attorney or Thaddeus Harrell in our Fort Lauderdale Office (954-375-1196) for more information or if you have any other questions.
Featured Insights

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks

Press Release
Jun 22, 2026
Justyna Regan Appointed Co-Chair of the CBA’s International and Foreign Law Committee

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 18, 2026
Three Key Mortgage Enforcement Developments for Lenders in Illinois


