indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Sovereignty and E-Commerce:  Innovating and Reshaping the  Borders of Indian Country - Arizona State University Third Annual Tribal Government E-Commerce CLE Conference
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
EEOC confirms difference between tribal and Indian preference

Filed Under: Business | Law | National
More on: cter, dc, eeoc, employment, indian preference, meetings, ncai
     

Tribal preference in employment is not the same as Indian preference, the top attorney for the Equal Employment Opportunity Commission said on Tuesday.

Many tribes give preference to their members when it comes to filling positions at their enterprises. Many also recognize Indian preference.

But tribal preference is not protected by federal law, EEOC general counsel David Lopez told the National Congress of American Indians. So the agency views it in the same category as discrimination against someone based on national origin.

"There is longstanding policy at the commission that interprets Indian preference to mean Indian preference, that you can grant preference to any other Indian, regardless of the tribe," Lopez said at NCAI's 2013 executive council winter session in Washington, D.C.

On the other hand, the commission "takes the position that tribal preference constitutes national origin discrimination," Lopez added.

Lopez, however, noted that the issue remains under litigation. In a particularly messy dispute, the 9th Circuit Court of Appeals allowed EEOC to sue the Navajo Nation and Peabody Energy for a tribal preference policy at mines on the reservation.

There's been no ruling on the merits in the lower courts. But the decision could lead EEOC to assert authority over a broad range of employment issues at tribal enterprises, an attorney for the Council for Tribal Employment Rights warned.

"The danger is another San Manuel," said Dan Press, the group's legal counsel, referring to the infamous case in which the National Labor Relations Board asserted jurisdiction over labor issues at tribal businesses that employ non-Indians.

With over 1 million people working at tribal enterprises, a figure that includes many non-Indians, litigation of that nature poses a threat to sovereignty. So Press urged tribes to consider entering into agreements with EEOC to address employment discrimination matters.

"What EEOC is saying is -- tribes, you do it with you own sovereignty and that way we won't have to do it," Press told tribal leaders.

Tribes must adopt an anti-discrimination law in order to enter into an agreement with EEOC, Press said. A sample memorandum of understanding is on the EEOC web site.

9th Circuit Decision:
EEOC v. Peabody (June 23, 2010)

Related Stories:
Supreme Court declines Navajo employment preference case (10/3)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Cronkite News: Navajo Nation school works hard to teach language (5/22)
Harlan McKosato: DNA tests can't reveal your unique tribal history (5/22)
Gyasi Ross: Fired FBI director made sure Peltier remained in prison (5/22)
Tiffany Midge: A response to winning the cultural appropriation prize (5/22)
André Cramblit: Treasure your aunties and uncles for their histories (5/22)
Treaty tribes celebrate after court refuses to rehear salmon dispute (5/22)
Top Interior nominee contradicts Trump on 'race' and tribal programs (5/19)
Arne Vainio: Expressing gratitude for the people we have around us (5/19)
Lawmakers dug deep to help North Dakota with #NoDAPL response (5/19)
Quapaw Tribe secures EPA grant for cleanup of contaminated lands (5/19)
Steven Newcomb: The racist and toxic roots of federal Indian policy (5/19)
Indian Country braces for worst with Trump's planned budget cuts (5/18)
Bipartisan task force announced to look into Indian Health Service (5/18)
Lawmakers push to renew Special Diabetes Program for Indians (5/18)
Albert Bender: Police slaughter of Native people rages unabated (5/18)
Steve Russell: There's a downside to impeaching Donald Trump (5/18)
Flandreau Santee Sioux Tribe cannabis consultant goes on trial (5/18)
Lower Brule Sioux Tribe repays money to address federal audit (5/18)
House passes bill to extend federal recognition to Virginia tribes (5/18)
Kalispel Tribe using bottled water at casino after contamination (5/18)
Leech Lake Band wins approval to build new casino at new site (5/18)
Tohono O'odham Nation secures victory in long-running dispute (5/17)
Dakota Access seeks to intervene in Oglala Sioux Tribe's lawsuit (5/17)
Senate Committee on Indian Affairs approves 3 bills at meeting (5/17)
Indian Health Service and 'high risk' tribal programs on agenda (5/17)
Bureau of Indian Affairs designates service area for Tejon Tribe (5/17)
Ruth Hopkins: Taxpayers footing $15M bill for DAPL private army (5/17)
Matthew Fletcher: Expect litigation after Supreme Court decision (5/17)
Alex Jacobs: Trump is starting to act like he's guilty of something (5/17)
Yakama Nation spars with county official over road resurfacing (5/17)
Spirit Lake Nation suspends referendum on liquor sales at casino (5/17)
Court supports release of $380M in Keepseagle settlement funds (5/16)
Indian Country leaders testify about funding needs on Capitol Hill (5/16)
House panel sets hearing on future of Cobell buy-back program (5/16)
Cronkite News: Navajo Nation homes still without running water (5/16)
Tribes unite in signing declaration against Keystone XL Pipeline (5/16)
Agua Caliente Band puts name on minor league basketball team (5/16)
Wampanoag tribes rebury remains of ancestral leader Massasoit (5/16)
Ramapough Lunaape Nation told to take down anti-pipeline camp (5/16)
Passamaquoddy Tribe wins award for addressing climate change (5/16)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.