Over the past year, the Equal Employment Opportunity Commission announced its intent to make perceived discrimination against American workers a high enforcement priority. The agency asked employees to report situations where employers replace American workers with immigrants, or favor foreign-born employees in terms or conditions of employment. In line with these priorities, last month the EEOC announced settlement of claims filed against a Mississippi farm accused of replacing Black employees with foreign ones hired under the H-2A visa program.

The EEOC alleged that the employer provided the foreign workers with preferred hours and pay, and required American employees to train the visa holders on use of farm equipment. The employer agreed to pay $150,000 and to adopt policies intended to prevent violation of EEO requirements, including those based on national origin.

This settlement reflects the change in the EEOC’s enforcement strategy. Employers accused of national origin discrimination against American workers can expect a heightened degree of scrutiny during the EEOC charge process, and a greater chance that the EEOC will sue on behalf of the charging parties if the agency finds merit to their allegations of discrimination.

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