indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Harvest the Hope concert unites Keystone foes (10/2)
Mark Trahant: A lot stake for Native voters in Montana this year (10/2)
BIA extends comment period for changes to rights-of-way rule (10/2)
Navajo Nation won't delay election despite presidential dispute (10/2)
Column: Joba Chamberlain shares his life story through tattoos (10/2)
Washington city could turn Columbus Day into Coast Salish Day (10/2)
Cherokee Nation chief apologizes for attending live pigeon shoot (10/1)
Elizabeth Cook-Lynn: Telling the indigenous story with public art (10/1)
DOI puts another $1M from lands sales into Cobell scholarships (10/1)
9th Circuit bars use of tribal conviction in domestic assault case (10/1)
2nd Circuit rebuffs tribal online lenders in dispute with New York (10/1)
Crystal Willcuts: A tribute to my mother who was lost to cancer (10/1)
Seneca Nation man launches campaign for mayor of Salamanca (10/1)
BIA ends comment period on reform to federal recognition rule (10/1)
African-American lawmakers accuse Pamunkey Tribe of racism (10/1)
Officials claim Oklahoma owed $30M in Impact Aid for schools (10/1)
FCC will consider petition to outlaw R-word on public airwaves (10/1)
BLM struggles to manage wild horse population as herds grow (10/1)
Opinion: North Fork Rancheria casino brings boost to economy (10/1)
Report places economic impact of US gaming industry at $240B (10/1)
Shinnecock Nation gaming partner cut $250K monthly payment (10/1)
Column: Seminole Tribe poised for continued growth in gaming (10/1)
Native Sun News: Agency weighs uranium mine near sacred site (9/30)
Jim Abourezk: South Dakota tribes can put Rick Weiland in office (9/30)
Cherokee chief participated in live pigeon shoot for Sen. Inhofe (9/30)
Navajo vice president returns home after near fatal spider bite (9/30)
North Dakota tribe sees big problems as energy industry grows (9/30)
Andre Cramblit: Another year brings challenges for our people (9/30)
Jack Duran: State's 'shocking' attack on Big Lagoon Rancheria (9/30)
Navajo Nation Council to select a new leader after resignation (9/30)
Editorial: Long delayed trust fund settlement for Navajo Nation (9/30)
Keepseagle plaintiffs oppose use of $380M to create foundation (9/30)
Opinion: Working with New Mexico tribes to protect sacred sites (9/30)
Pueblo man chosen as chair of VA minority advisory committee (9/30)
Woman sues over fall at Fallon Paiute Shoshone Tribe business (9/30)
Seminole Tribe makes another attempt to join banking business (9/30)
Mohegan Tribe purchases more wood pellet production facilities (9/30)
Ponca Tribe takes down old headquarters and readies new home (9/30)
Native Mob gang leader sentenced to 43 years in federal prison (9/30)
Three indicted for murder of man from Northern Arapaho Tribe (9/30)
Rivals funded DC trips to oppose Tohono O'odham Nation casino (9/30)
American Gaming Association includes tribes in economic report (9/30)
Editorial: Vote yes to support North Fork Rancheria gaming deal (9/30)
Editorial: Florida shouldn't take a gamble with casino expansion (9/30)
Tim Giago: All Indian people ask is for America to honor treaties (9/29)
Native Sun News: Tribes take on IRS and win battle over taxation (9/29)
Mark Trahant: Indian vote could bring a surprise in South Dakota (9/29)
Tribal General Welfare Exclusion Act signed into law by Obama (9/29)
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.