DOL–EEOC Partnership Expands Coordinated Enforcement on National Origin Discrimination Under ‘Project Firewall’

Quick Hits

• The EEOC, the DOL, the U.S. Department of Justice’s Civil Rights Division, and the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services are coordinating efforts related to national origin discrimination and anti-American bias.
• As part of Project Firewall, the DOL and EEOC plan to share data, align enforcement tools, and facilitate referrals addressing discriminatory hiring and potential H‑1B program abuses.
• Given this coordination, employers may see and potentially should anticipate inquiries or involvement from more than one agency investigating alleged national origin discrimination or anti-American bias.

The new formal partnership builds on the EEOC’s recent technical assistance and educational updates, which emphasize that Title VII of the Civil Rights Act of 1964 protects all workers—including American workers—from national origin discrimination.

That one-page guidance from the EEOC states that potential business rationales, such as labor costs, customer preferences, or stereotypes, do not justify discriminatory practices. Additionally, the EEOC’s one-pager and updated national origin resources flag several high‑risk areas: visa‑status preferences in job ads (e.g., “H‑1B only” or “H‑1B preferred”); disparate treatment in application and promotion processes that make it harder for U.S. workers to advance; and retaliation or harassment tied to national origin. Notably, the EEOC’s recent materials previewed a multiagency enforcement posture—now reinforced by the DOL’s Project Firewall announcement.

Project Firewall operationalizes that multiagency approach by facilitating information sharing “as permitted by law,” clarifying employer obligations, and aligning enforcement pathways so that potential Title VII violations can proceed in tandem with DOL actions addressing H‑1B misuse and related program compliance. The partnership also involves the U.S. Department of Justice’s Civil Rights Division and the U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), signaling a whole-of-government focus on practices that may prefer foreign workers or visa holders over qualified Americans.

Next Steps

In light of the federal enforcement agency coordination, employers may wish to assess how their recruiting and hiring practices reference or rely on visa status, particularly where postings or screening criteria could be perceived as favoring nonimmigrant visa holders. Employers might also consider reviewing their practices against the themes noted in recent EEOC technical assistance and determining whether conducting attorney-client privileged audits of selection, promotion, and pay practices can help ensure practices are neutral, job-related, and applied consistently. Training appropriate stakeholders on Title VII’s protections as they relate to national origin, as well as creating and maintaining contemporaneous documentation of merit-based and legitimate, nondiscriminatory reasons, can assist in responding to agency questions that may arise.

Ogletree Deakins’ Diversity, Equity, and Inclusion Compliance, Government Contracting and Reporting, Immigration, Pay Equity, and Workforce Analytics and Compliance Practice Groups will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance, Employment Law, Government Contracting and Reporting, Immigration, Pay Equity, and Workforce Analytics and Compliance blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

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