EEOC seeks input on proposed guidance addressing national origin discrimination

Public comment period ends July 1, 2016

Posted June 7, 2016

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to release for public input a proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. EEOC's enforcement guidance documents express official agency policy and explain how the laws and regulations apply to specific workplace situations.

The EEOC last comprehensively addressed national origin discrimination in 2002. Since that time, there have been significant legal developments addressing national origin discrimination. The revised guidance addresses important issues, including job segregation, human trafficking, and intersectional discrimination.

In fiscal year 2015, approximately 11 percent of the 89,385 private sector charges filed with EEOC alleged national origin discrimination. These charges alleged a wide variety of Title VII violations, including unlawful failure to hire, termination, language-related issues, and harassment.

The EEOC set a 30-day input period which will end on July 1, 2016. The agency is requesting input be provided in narrative form; do not submit redlined versions of the document.

The public is invited to submit its input using the Federal eRulemaking Portal in letter, email, or memoranda format. Alternatively, hard copies may be mailed to Public Input, EEOC, Executive Officer, 131 M Street, N.E., Washington, D.C. 20507.

The input provided will be posted publicly on the Federal eRulemaking Portal and may show email addresses. The EEOC says to not include other personal information that you would not want made public, e.g., home address, telephone number, etc.

After reviewing the public input, the Commission will consider appropriate revisions to the draft guidance before finalizing it. A final guidance would replace the existing Compliance Manual on National Origin Discrimination that was issued in December 2002.

The draft guidance is available for review on the Federal eRulemaking Portal.


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