Perhaps the most important takeaway from this proposed guidance comes not from the guidance itself, but from the EEOC’s presser announcing its publication.
From EEOC Chair Jenny Yang:
No person should face barriers to equal employment opportunity in America simply because of their ethnicity or country of origin. The EEOC has identified protecting immigrant, migrant, and other vulnerable populations as a national strategic priority.
You’ve been warned. National-origin discrimination is a national strategic priority for the EEOC. Take heed, and tread with extra caution where warranted.