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ARTICLE · 16 JANUARY 2026

A New Enforcement Focus: When "Preference" Becomes Discrimination Against U.S. Workers

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When employers think about discrimination risk, they usually focus on familiar protected categories such as race, sex, ethnicity, age, disability, or religion.

United StatesEmployment and HR
Ahmed Younies
Ahmed Younies
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When employers think about discrimination risk, they usually focus on familiar protected categories such as race, sex, ethnicity, age, disability, or religion. But a recent settlement announced by the Civil Rights Division of the U.S. Department of Justice (DOJ) underscores a growing and less understood enforcement area: discrimination against U.S. workers based on citizenship and immigration status.

On December 18, 2025, the Civil Rights Division announced a settlement with Tekshapers Inc., a Michigan-based IT recruitment and staffing company, for violating the Immigration and Nationality Act (INA). According to the DOJ, Tekshapers unlawfully advertised job opportunities in a way that favored temporary employment-based visa holders over qualified U.S. workers, effectively denying U.S. citizens equal access to employment opportunities.

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