The Equal Employment Opportunity Commission has issued a Proposed Enforcement Guidance on National Origin Discrimination (“PEG”) and is allowing the public to comment through July 1, 2016. The last time the EEOC issued specific guidelines on National Origin Discrimination was in 2002.
The PEG is intended to communicate the EEOC’s position on national origin discrimination, including how the agency will investigate these types of charges. When it becomes final, the PEG will be included in the EEOC’s Compliance Manual and used by EEOC investigators as a resource in conducting investigations. Although the PEG refers to court rulings in this area, this does not mean the EEOC always will follow the majority position of courts on all issues relating to national origin. Rather, the PEG states that, in some cases, the EEOC has its own view on the correct interpretation of the law and will follow its own views.
Read the full statement from Jackson Lewis PC here.