b'LEGAL MATTERSLEGAL MATTERS Discrimination Against American WorkersSTEVEN E. BERS, ESQ. // PVA GENERAL COUNSELO n Nov. 19, 2025, the EqualThe clearest form of national originmentionedisanypracticeofprefer-EmploymentOpportunitydiscriminationagainstAmericanringforeignemployeeswhomaybe Commission issued an advi- workers arises when an employer, em- willingtoworkunderthetable sory guidance titled Discriminationployment agency, or union indicatesoracceptlowerwages.Sotoo,the Against American Workers is Againstapreferenceforforeignworkers,in- guidancewarnsagainstanyemploy-the Law. The new guidance empha- cluding workers with a particular visament-related belief that workers from sizes that Title VII of the Civil Rightsstatus, over American workers. one or more national origin groups are Actof1964protectsemployeesormore productive or possess a better applicants from discrimination basedThe EEOC guidance provides exam- work ethic than another national or-upon national origin, including indi- ples and warns against conduct whichigin group.viduals who are natural-born or oth- constitutes workplace discrimination erwise identify as Americans.againstAmericanworkers.NotablyFinally, the EEOC guidance clarifies thatcustomerorclientpreference does not justify employment decisions adversetoAmericanworkers.The anti-discriminationlawsareatwo-way street, intended to protect major-ityaswellasminoritypopulations. Wheneverprotectedclassstatusisa decisionalmotivation,unlawfuldis-crimination occurs even if the victim is a member of a more populated class, or non-minority.PVA WELCOMESNEW MEMBERS Since1990,StevenBers,Esq.,has advisedpassengervesselownerson legalmattersrelatingtomarinelaw andmarineemployment.Healso NEW ASSOCIATE MEMBER serves as PVAs General Counsel, and can be contacted at 410-347-8724 or ORCA MACTAC ZINUS POWER LLC sbers@whitefordlaw.com. PETER RASMUSSEN SVEINUNG ODEGARDNew York, N.Y. Seattle, Wash.orca-mactac-htfilm.com zinuspower.comIf you know of an organization that may benefitfrom membership in PVA, please have them learnmore at passengervessel.com/#join.FOGHORN 54'