DOL–EEOC Partnership Expands Coordinated Enforcement on National Origin Discrimination Under ‘Project Firewall’ – JD Supra

Inter-Agency Collaboration to Advance Sustainable Development Goals on Labor Rights

Initiative Overview and Alignment with SDG 10 (Reduced Inequalities)

On November 24, 2025, the U.S. Department of Labor (DOL) and the U.S. Equal Employment Opportunity Commission (EEOC) announced a formal partnership, “Project Firewall.” This initiative is designed to intensify enforcement against unlawful national origin discrimination in employment. The project directly supports the objectives of Sustainable Development Goal 10, specifically Target 10.3, which calls for ensuring equal opportunity and reducing inequalities of outcome by eliminating discriminatory practices. The collaboration focuses on hiring practices that may disadvantage domestic workers in favor of nonimmigrant visa holders, thereby addressing a key area of potential inequality in the labor market.

Upholding SDG 8 (Decent Work and Economic Growth)

Project Firewall operationalizes a multi-agency approach to protect labor rights and promote fair employment, which are central tenets of SDG 8. By focusing on the potential misuse of visa programs, such as the H-1B program, the initiative aims to ensure that hiring processes contribute to full and productive employment and decent work for all, as outlined in SDG Target 8.5. The partnership’s actions are designed to protect the integrity of the labor market and uphold the rights of all workers, consistent with SDG Target 8.8.

• The DOL and EEOC will share data and align enforcement tools to identify and address discriminatory hiring.
• The agencies will facilitate referrals of potential violations to ensure comprehensive investigation.
• Coordinated guidance will be issued to deter practices that unlawfully prefer nonimmigrant visa holders over qualified U.S. workers.

Multi-Agency Framework and Contribution to SDG 16 (Peace, Justice and Strong Institutions)

The collaboration represents a significant step toward developing more effective, accountable, and transparent institutions, as called for in SDG Target 16.6. The “whole-of-government” focus on this issue demonstrates a commitment to enforcing non-discriminatory laws and policies for sustainable development (SDG Target 16.B). The partnership includes:

• The U.S. Department of Labor (DOL)
• The U.S. Equal Employment Opportunity Commission (EEOC)
• The U.S. Department of Justice’s Civil Rights Division
• The U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS)

This coordinated effort signals that employers may face inquiries from multiple agencies regarding alleged national origin discrimination, reinforcing institutional accountability.

Strategic Recommendations for Corporate Compliance and Sustainable Practices

In light of this enhanced federal enforcement coordination, organizations are advised to undertake proactive measures to align their employment practices with principles of non-discrimination and sustainable development. The following steps are recommended to ensure compliance and support the achievement of SDGs 8 and 10:

1. Conduct a thorough assessment of all recruiting and hiring practices, particularly how they reference or rely on visa status, to eliminate any criteria that could be perceived as favoring nonimmigrant visa holders in violation of SDG 10.3.
2. Review internal policies and procedures against recent EEOC technical assistance to ensure selection, promotion, and pay practices are neutral, job-related, and applied consistently, thereby promoting decent work for all as per SDG 8.5.
3. Consider conducting attorney-client privileged audits of employment practices to identify and mitigate risks associated with national origin discrimination.
4. Implement comprehensive training for hiring managers and other relevant stakeholders on Title VII protections against national origin discrimination to foster an inclusive work environment.
5. Establish and maintain contemporaneous documentation of all merit-based and legitimate, nondiscriminatory reasons for hiring and promotion decisions to ensure transparency and accountability, in line with the principles of SDG 16.6.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 8: Decent Work and Economic Growth
   • The article directly addresses the principles of decent work by focusing on the enforcement of fair and non-discriminatory hiring practices. The initiative “Project Firewall” aims to protect American workers from unlawful national origin discrimination, ensuring they have fair access to employment opportunities, which is a cornerstone of decent work.
2. SDG 10: Reduced Inequalities
   • The core issue of the article is the fight against discrimination based on national origin and citizenship status in the employment sector. By intensifying enforcement against hiring practices that disadvantage U.S. workers in favor of nonimmigrant visa holders, the U.S. government agencies are working to reduce inequalities of outcome and ensure equal opportunity for all workers within the country.
3. SDG 16: Peace, Justice and Strong Institutions
   • The article highlights the creation of strong, effective, and accountable institutions through inter-agency collaboration. The formal partnership between the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the Department of Justice’s Civil Rights Division, and U.S. Citizenship and Immigration Services (USCIS) exemplifies the development of robust institutional mechanisms to enforce non-discriminatory laws like Title VII of the Civil Rights Act of 1964.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 8: Decent Work and Economic Growth
   • Target 8.5: “By 2030, achieve full and productive employment and decent work for all women and men… and equal pay for work of equal value.” The article connects to this target by describing efforts to eliminate discriminatory barriers to employment for a segment of the population (American workers), thereby promoting access to productive employment for all.
   • Target 8.8: “Protect labour rights and promote safe and secure working environments for all workers…” The enforcement of Title VII to protect workers from national origin discrimination is a direct action to protect labor rights. The multi-agency “Project Firewall” is a mechanism to ensure a secure and fair employment environment.
2. Under SDG 10: Reduced Inequalities
   • Target 10.2: “By 2030, empower and promote the social, economic and political inclusion of all, irrespective of… origin… or other status.” The initiative aims to prevent the economic exclusion of U.S. workers based on their national origin and citizenship status, directly promoting their economic inclusion.
   • Target 10.3: “Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices…” The article is centered on this target. “Project Firewall” is a specific policy action designed to eliminate discriminatory hiring practices and ensure U.S. workers have equal opportunities in the job market.
3. Under SDG 16: Peace, Justice and Strong Institutions
   • Target 16.6: “Develop effective, accountable and transparent institutions at all levels.” The article describes the formal partnership between the DOL and EEOC, which includes data sharing and aligned enforcement tools. This represents a clear effort to develop more effective and accountable governmental institutions.
   • Target 16.b: “Promote and enforce non-discriminatory laws and policies for sustainable development.” The entire focus of the article is on the enhanced enforcement of non-discriminatory laws, specifically Title VII, through a coordinated, whole-of-government approach to combat anti-American bias in hiring.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Number of inter-agency referrals and joint investigations
   • The article states that the DOL and EEOC plan to “facilitate referrals addressing discriminatory hiring.” An increase in such referrals and subsequent joint investigations would be a direct indicator of the partnership’s activity in enforcing non-discriminatory practices (relevant to Targets 10.3 and 16.b).
2. Publication and dissemination of educational materials
   • The article mentions “new EEOC anti-American bias educational materials” and “updated national origin resources.” The creation and distribution of these materials serve as a qualitative indicator of institutional efforts to clarify employer obligations and prevent discrimination (relevant to Targets 16.6 and 16.b).
3. Prevalence of discriminatory language in job advertisements
   • The EEOC’s guidance flags “visa-status preferences in job ads (e.g., ‘H-1B only’ or ‘H-1B preferred’)” as a high-risk area. Monitoring and reducing the frequency of such language in job postings would be a measurable indicator of progress towards eliminating discriminatory practices (relevant to Target 10.3).
4. Establishment of formal inter-agency partnerships
   • The announcement of the “formal partnership” itself, under “Project Firewall,” is an indicator of progress towards building effective and collaborative institutions as called for in Target 16.6. The operationalization of this multiagency approach is a key metric.

4. Table of SDGs, Targets, and Indicators

Source: jdsupra.com