your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
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:
Republicans push controversial Indian energy bill through House (10/9)
Navajo Nation leaders headed to campus following fatal shooting (10/9)
Native Sun News: South Dakota community honors Code Talkers (10/9)
Lakota Country Times: Native Americans arrested at high rates (10/9)
Ivan Star Comes Out: Lakota immersion remains our only hope (10/9)
Steve Russell: Indian people stuck with the laws of colonizers (10/9)
Doug George-Kanentiio: Native people play key role in politics (10/9)
Julian Brave NoiseCat: Trading tribal sovereignty for marijuana (10/9)
Studio denies theft of tribal artifacts from ranch in New Mexico (10/9)
Omaha Tribe hosts basketball stars Shoni and Jude Schimmel (10/9)
Winnebago Tribe chooses eight in special election for council (10/9)
Students from Salish Kootenai College send satellite to space (10/9)
Pamunkey Tribe sees challenge to federal recognition decision (10/9)
Six indicted for stealing funds from Sisseton-Wahpeton Oyate (10/9)
Kris Lane: Columbus was clearly not a friend to Native peoples (10/9)
Researchers adapt Korean alphabet for use in Native language (10/9)
Excavation at Indian city uncovers numerous signs of conflict (10/9)
Thomas St. Dennis: Don't let rival tribe stop Little River casino (10/9)
Viejas Band opens new gaming floor and hotel with expansion (10/9)
White Earth Nation plans hotel and RV park at third casino site (10/9)
Eastern Shoshone Tribe to debut expansion of casino in 2016 (10/9)
Mashpee Wampanoag Tribe adds competition to casino scene (10/9)
White House blasts Native American Energy Act ahead of vote (10/8)
House Natural Resources Committee approves two Indian bills (10/8)
First Nations Development Institute awards $250K for ranching (10/8)
Four Native chefs participate in unique food event in New Mexico (10/8)
Native Sun News: Lone Indian voice opposes mountain lion hunt (10/8)
Lakota Country Times: Wind power comes to Rosebud community (10/8)
Delphine Red Shirt: Scandal shuts down program for Indian youth (10/8)
Vince Two Eagles: Native medicine goes back thousands of years (10/8)
Jay Daniels: Indian lands still face threat from state governments (10/8)
Steven Newcomb: Religious doctrine guides Indian law and policy (10/8)
Brian Pierson: Recent federal court decisions affecting Indian law (10/8)
Choctaw Nation and Chickasaw Nation celebrate trust settlement (10/8)
Actor joked about taking tribal artifacts from ranch in New Mexico (10/8)
Tuolumne Band of Me-Wuk Indians gives $100K for cancer center (10/8)
Radio station brings news and more to Yankton Sioux Reservation (10/8)
Indian gaming industry grew 116 percent between 2001 and 2013 (10/8)
Arizona tribes on road to recovery with $1.81B in casino revenues (10/8)
Pojoaque Pueblo secures injunction in New Mexico casino dispute (10/8)
Little River Band sees off-reservation casino as boost for revenue (10/8)
Pioneering tribes share experiences with prosecuting non-Indians (10/7)
Senate Committee on Indian Affairs approves two bills at meeting (10/7)
Congress approves land-into-trust bill for Pueblos in New Mexico (10/7)
House Natural Resources Committee holds markup on Indian bills (10/7)
Native Sun News: Rival teams meet on football field at Pine Ridge (10/7)
Lakota Country Times: Tribes receive $940M in Ramah settlement (10/7)
James Giago Davies: Embrace distance running in Indian Country (10/7)
Brandon Ecoffey: Powerful forces aim to keep out the Native vote (10/7)
Thomas Perez: Youth on Wind River Reservation share high hopes (10/7)
Stephen Corry: Native people displaced for sake of 'conservation' (10/7)
States oppose tribal jurisdiction in upcoming Supreme Court case (10/7)
Cheyenne River Sioux Tribe challenges Indian education reforms (10/7)
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.