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Indigenous Peoples Labor & Employment Civil Rights

Read Indigenous Peoples Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

by Stinson Leonard Street on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

EEOC Issues New Guidance On National Origin Discrimination For First Time In Fourteen Years

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 18, 2016, the EEOC issued new guidance on its enforcement of anti-discrimination laws related to national origin. The guidance provides clarification on the scope of national origin under Title...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

by Littler on

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Ninth Circuit Upholds TERO Requirements in Indian Country Mineral Leasing

by BakerHostetler on

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more

Ninth Circuit Rejects EEOC's Challenge of Tribal Hiring Preferences

by Littler on

Tribal hiring preferences based on political classifications are permissible under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit recently held in EEOC v. Peabody W. Coal Co. The first...more

Federal Court Approves EEOC Subpoena in Investigation of Giant Milwaukee Indian Casino

Federal Agency Says Decision Confirms Authority to Investigate Charges of Discrimination Involving Business Operations of Indian Employers - MILWAUKEE, Wis. - On May 6, U.S. District Judge Lynn Adelman approved the...more

Are ANCSA Corporations subject to GINA?

by Davis Wright Tremaine LLP on

In November 2010, the Equal Employment Opportunity Commission issued its final regulations governing Title II of the Genetic Information Nondisclosure Act (GINA) (Title II establishes GINA’s employment-related...more

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