On January 26, 2021, President Biden issued a memorandum related to Executive Order 13175 which encourages collaboration with tribal officials on Federal policies that have tribal implications including respecting self-government and sovereignty. The EEOC has recently created a consolidated resource for information on collaborative efforts with the Council for Tribal Employment Rights and the TEROs.
The EEOC has encouraged other collaborative efforts in the past. It is important to note that Title VII of the Civil Rights Act allows tribal governments to have sovereign power in commercial dealings and allows them to require employers on the reservation to provide preference to Native Americans in terms of employment. However, even though the EEOC normally does not have jurisdiction over Tribes… “federal anti-discrimination laws protect Tribal members against discrimination when employed in positions covered under EEOC-enforced laws.” Tribal Employment Rights Offices (TEROs) work with individuals who experience employment discrimination on or near tribal lands and are a liaison between the tribes and the EEOC. Specifically, since 2012, tribes are able to coordinate investigations, share information, and provide reciprocal training” with the EEOC.
See the “EEOC’s Efforts to Address Discrimination in Coordination with Tribal Employment Rights Offices” for more information. If you are interested in finding out more about diversity, equity, and inclusion, contact Southwestern HR Consulting, we have Consultants that can provide you with support and resources. Contact us today!
Written by | Magdalena Vigil-Tullar
HR Consultant | MBA, SPHR, SHRM-SCP, CLRP