Fostering Inclusivity: Avoiding Citizenship & National Origin Bias

In a globalized world, a diverse workforce is a company’s greatest asset. Different backgrounds bring fresh perspectives, innovative ideas, and a deeper understanding of global markets. However, with this diversity comes the responsibility to ensure every employee feels valued and is treated fairly, regardless of their citizenship status, ancestry, or place of birth.

Navigating these issues can be complex, but by focusing on clear policies, understanding current enforcement trends, and fostering inclusion, employers can create a respectful and productive workplace where every team member thrives.

How Employers Can Build a More Inclusive Culture

To build a truly inclusive workplace, employers must go beyond simple compliance and actively foster a culture of respect.

Review and Update Policies: Begin by reviewing anti-discrimination policies to ensure they explicitly prohibit discrimination based on national origin, citizenship status, ancestry, ethnicity, and accent. Make these policies easily accessible to all employees.
Standardize Hiring and Promotion: To eliminate bias, establish objective, job-related criteria for all roles. Train hiring managers to focus on skills and qualifications—not a candidate’s name, accent, or background. Avoid “English-only” rules unless genuinely required for safe and efficient job performance.
Provide Comprehensive Training: Conduct regular training sessions for all employees on what constitutes national origin bias and how to report it. Training should be ongoing, reinforcing the importance of a respectful and inclusive workplace.
Create a Safe Reporting System: Establish multiple, confidential channels for employees to raise concerns without fear of retaliation. This demonstrates a company’s commitment to accountability and protection.

By taking these steps, an organization not only avoids legal risk but also benefits from a more engaged, creative, and diverse talent pool.

How Employees Are Protected

Employees are not on their own. Several federal laws provide a robust framework to protect against discrimination:

Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on national origin, race, color, sex, or religion. Employers cannot make decisions about hiring, firing, pay, or promotions based on a person’s ancestry, birthplace, or association with a national origin group.
Immigration and Nationality Act (INA): Enforced by the Department of Justice’s Immigrant and Employee Rights Section (IER), the INA prohibits discrimination based on citizenship status. This is especially important during the I-9 employment verification process, where employers cannot request specific documents or reject valid ones because of an employee’s origin.

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) are responsible for investigating and enforcing these laws. Both agencies continue to show a willingness to pursue enforcement actions, file lawsuits, and issue settlements when employers fail to meet their obligations. Recent case filings highlight that national origin and citizenship status discrimination remain active areas of enforcement.

Actionable Insight: Employers should assume that compliance with Title VII and the INA is not optional. The EEOC and DOJ remain vigilant in protecting workers’ rights and will hold employers accountable for violations.

Why Diversity Matters: The Business Case

Beyond compliance, diverse teams are simply better for business. Companies that embrace and celebrate diversity report:

Stronger Innovation: Teams made up of people with different life experiences generate more creative solutions to complex problems.
Improved Decision-Making: A variety of viewpoints reduces blind spots and leads to more balanced outcomes.
Deeper Market Insights: Employees who reflect different communities can help organizations better connect with a wider customer base.
Higher Engagement and Retention: Employees who feel respected and included are more likely to stay and contribute fully.

Celebrating Diversity: Employers can spotlight different cultures, traditions, and perspectives through employee resource groups, cultural awareness events, inclusive benefits, and open forums where employees share their stories. These actions not only recognize employees’ identities but also strengthen team cohesion.

Creating an inclusive workplace is both a legal responsibility and a strategic advantage. By combining compliance, communication, and celebration, employers can ensure their workforce feels valued, protected, and empowered to contribute their best. If you need support on developing a workplace culture that promotes these principles, we’re here to help! Connect with us here.