Preference

The use of preference in tribal employment is a widespread practice which incorporates many policy variations.  There are at least three elements to a strong preference policy.  The first element addresses what category or categories of people are preferred, the second element directs when preference is used and the third element defines scope. Element 1-Lists Preference policies can simply articulate Native preference wherein the employer prefers a Native applicant over a non-Native applicant.  Alternatively, [...]

Last week a federal court dismissed Equal Employment Opportunity Commission v. Peabody Coal and Navajo Nation in a long awaited judgment reaffirming the legality of utilizing tribe-specific preference in hiring.  Many tribal governments offer government and enterprise jobs first to qualified members of the tribe before offering the job to members of other tribes and the courts have characterized that hiring process as tribe-specific preference, but a cloud of litigation has raised questions regarding [...]