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What the EEOC’S New Discrimination Guidance Policy Says About Foreign Applicants

Jul 05 2016, by PEOPLE in Sales

America is the hotbed for foreign applicants to apply for college or careers in the States. Recently, the EEOC updated to their discrimination policies regarding nationality. It is called their national origin discrimination policy and it is important for many companies to know the new update regarding applicants and potential employees.

Currently, the EEOC discrimination law says that employees cannot be discriminated based on their race, color, religion, and sex. Now the EEOC has added national origin or nationality to the list. This means that companies who do not hire an applicant based on their origin of birth will face allegations of violating their civil rights. This includes but not limited to, treatment of someone in a manner that supports nationality discrimination or because someone looks like a specific ethnic background. The new update also focuses on companies or those involved in actions such as segregation in the workforce or hiring process, human trafficking violations, and intersectional discrimination.

So what does this new update mean? If you were to deny a potential employee a career in your company because you think that they come from Pakistan or any Arabic speaking country. Your judgement is personified by outlets of Arabic people in the media as terrorist threats. If that was your reason for not hiring them as a new employee, then you can face investigations from the EEOC on violating that person’s rights to apply for a job.

Does this new update in the discrimination process affect companies who have offices overseas? Yes. Any company who has international offices in other countries must comply with both EEOC and the laws in the country which the business is being processed. Anyone’s civil rights can be violated and any company who does not comply with the new update in offices overseas could see potential allegations and investigations into their companies hiring process.

Does this law work on the employees as well as the employers? Absolutely. The EEOC was created to provide employment opportunities for Americans and foreigners alike and the new law does not mean that it is important for just hiring managers. Anyone who violates the EEOC will be investigated and undergo the policies disciplinary actions. These actions the EEOC takes include notifying the company within 10 days, providing information or requesting information, and visiting the company on site.

So far there have been about 11% of EEOC related charges have to do with national origin discrimination. Some of the charges described include hiring managers and companies performing national origin discrimination based on violations such as unlawful failure to hire, termination, language-related issues, and harassment. These charges and allegations could be anyone, maybe you, if you decide to not hire your nest best employee because you think they would blow up your office.

Just remember that the EEOC wants to offer employment opportunities for everyone. So the origin of your employee’s birth should not end up in the hiring process as a potential problem in the hiring process. These new updates are mandatory to understand when you have hired an employee or are looking to go over the new guidelines for all those employees within your company.