EEOC Releases Updated National Origin Discrimination Guidance

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on national origin discrimination.

The guidance addresses Title VII of the Civil Rights Act of 1964’s prohibition on national origin discrimination and reflects the developments in the courts since 2002. Some key takeaways include the following:

1. Title VII protects both employees and applicants from discrimination based on the perception of national origin, even in instances where the perception is incorrect;
2. National origin discrimination includes treating an individual less favorably because he or she associates with someone of a particular national origin; and
3. Immigration status does not affect whether an applicant or employee is protected under Title VII. 

The EEOC also simultaneously released two documents that further expand upon the guidance — a Q&A publication that addresses a number of common questions and issues related to the guidance, and a Small Business Fact Sheet that extrapolates the larger points of the guidance.

Should you have any questions about the new guidance, or if you are interested in workplace anti-discrimination training, please contact:

• Christopher P. Maugans (716.710.5825; [email protected])
• Caroline J. Berdzik (609.986.1314; [email protected])
• Or another member of Goldberg Segalla’s Employment and Labor Practice Group 

November 30, 2016