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
Kill The Tobacco Master Settlement Agreement
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:
Five tribes donate over $500K for Democratic party's convention (6/30)
Native Sun News: Lakota and Cheyenne people join forces again (6/30)
Lakota Country Times: Paper continues to reach large audience (6/30)
Cronkite News: Senate committee takes on tribal water issues (6/30)
Dave Archambault: A day for all of Indian Country to remember (6/30)
Vi Waln: Don't let politics get in way of our children's education (6/30)
Leonard Peltier: My last best hope for freedom lies with Obama (6/30)
White Mountain Apache Tribe welcomes 'significant' discovery (6/30)
Confederated Salish and Kootenai Tribes press for water deal (6/30)
Donald Trump approved Indian gaming attack ads in New York (6/30)
Judge focuses on Mashpee Wampanoag Tribe casino decision (6/30)
Buena Vista Rancheria signs updated Class III casino compact (6/30)
Effort builds for missing and murdered Native women and girls (6/29)
Native talent among diverse group asked to join film academy (6/29)
Richard Peterson: New era of tribal-state cooperation in Alaska (6/29)
Mark Trahant: A Native champion on the ballot in South Dakota (6/29)
Lakota Country Times: Outdoor movies a success at Pine Ridge (6/29)
Delphine Red Shirt: American history ignores tribal perspective (6/29)
Gabe Galanda: The growing chorus against tribal disenrollment (6/29)
Woman from Crow Tribe dies after brutal attack on reservation (6/29)
Man charged with murdering girlfriend on Fort Peck Reservation (6/29)
Nooksack Tribe fires elder who spoke out against disenrollment (6/29)
Mashpee Wampanoag Tribe gets ready for 95th annual powwow (6/29)
Citizen Potawatomi Nation members serve on city commission (6/29)
A Tribe Called Red goes to Alaska next month for Native benefit (6/29)
Sorry but DNA tests cannot confirm a person's Native ancestry (6/29)
Church denies connection to vandalism at Otomi site in Mexico (6/29)
Former Choctaw Nation casino worker gets two months for theft (6/29)
Tohono O'odham Nation shares $1.2M from controversial casino (6/29)
Grande Ronde Tribes consider hotel but not a casino at old track (6/29)
Meskwaki Tribe looks for fugitive reportedly seen at casino hotel (6/29)
Supreme Court puts an end to another tribal jurisdiction dispute (6/28)
Native women hail Supreme Court decision on domestic violence (6/28)
Navajo Nation leaders reflect on historic Supreme Court session (6/28)
Lakota Country Times: Runners take 500-mile Black Hills journey (6/28)
Mark Trahant: Navajo Republican drops out of race for Congress (6/28)
Brandon Ecoffey: Oglala Sioux Tribe must update its constitution (6/28)
Editorial: Lakota treaty council supported work at Wounded Knee (6/28)
Alex Jacobs: Our elected leaders do little to address gun violence (6/28)
St. Croix Chippewa Tribe ousts 10 people from rolls amid debate (6/28)
Film exposes police harassment of Mashpee Wampanoag Tribe (6/28)
Northern Arapaho Tribe asserts more control over health system (6/28)
Trump rehashes 'Pocahontas' slur as Warren hits road for Clinton (6/28)
Schaghticoke Tribal Nation still fighting for recognition and casino (6/28)
Mashpee Wampanoag Tribe casino foes lose big source of funding (6/28)
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.