The EEOC, which is an agency of limited financial resources, is going to go after that which will provide the most bang for its buck.
The way we communicate and how we interpret our interactions is largely based on tone of voice, body language, eye contact and casual social interactions.
How do you prevent employees from claiming overtime wages for the off-the-clock time they spend receiving, reading, and sending work-related emails? Maybe an email curfew is the answer.
Understand and pay attention to these issues of national-origin discrimination, if for no other reason than the fact that the EEOC is watching.