Issues in Hiring Native American Employees

Native Americans are traditionally a close-knit society and employment opportunities were once limited to their reservations. However, Native Americans are looking for work and conducting business outside their reservations. This brings about employment issues among nonnative employers who may have doubts about hiring a Native American. The U.S. Equal Employment Opportunity Commission, or EEOC, works toward eliminating discrimination against Native Americans. To avoid potential legal issues, employers should seek help with issues on hiring of Native Americans, the AllBusiness website suggests.
  1. Racial Discrimination

    • Title VII of the Civil Rights Act of 1964 forbids employees from denying an American Indian employment based on skin color, traditional background, sex or faith. The law binds an employer to use the same selection measures to a Native American during the interview, evaluation and hiring process as he would toward any other prospective employee. A Native American who feels an employer denied him a job because of his race can sue the employer under this act, according to the U.S. Equal Employment Opportunity Commission.

    Allocation of Responsibilities

    • Under Title VII of the Civil Rights Act, employers can't make assumptions on the work capabilities of a Native American, especially within job placements. A potential employer should determine the best-suited job for the prospective employee based on her qualifications and skills rather than common beliefs and myths held by society.

    Documentation

    • Native American job candidates must present relevant documents, including tribal documents, as proof the law allows them to work in America. Under the Title VII of the Civil Rights Act of 1964, employers can't turn down these documents as insufficient evidence, the EEOC states. As long as his documents are valid, the law approves him as a worthy employee.

    Indian Preferences Exemption

    • The law under the Indian Preferences Exemption to Title VII requires companies and business near Native American reservations to give priority in selection and hiring of employees to the Native Americans living in the surrounding region. This measure helps lower the number of Native Americans who face unemployment, AllBusiness states.

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