Native American discrimination affects many Native Americans in
today’s workforce. American Indian employment rights are
protected by the laws and Constitution of the United States of America.
discrimination in the workplace is prohibited by Title VII of the Civil Rights
Act of 1964. These laws protect Native Americans and others from
discrimination based on color and race discrimination, in addition to
national origin discrimination,
religious discrimination, or citizenship status.
Native American discrimination
is illegal against an applicant or employee because of color or race in all
employment relationship phases, including: the interview process, pre-employment
testing, the hiring process, shift assignments, job assignments, compensation,
promotions, job training, layoffs, benefits, or termination.
VII also prohibits Native American employment discrimination based on
assumptions and stereotypes about traits, performance, or the abilities of
people of certain racial backgrounds. Title VII prohibits neutral job policies
and intentional discrimination that is not job related disproportionately
exclude Native Americans. Thus, employers cannot decline hiring or promoting
Native Americans, nor can they harass, discipline, or practice
wrongful termination, on the basis of being a Native American.
Employers cannot refuse to accept American Indian tribal documents or any other
acceptable documentation as proof of a Native American’s eligibility to work in
the United States.
Native American discrimination laws
also restrict employers from retaliating against employees that complain or
assert their employment rights under these laws. For example, a person cannot be
fired for protesting about Native American discrimination.
must be noted that Indian tribes that are employers are not subject to national
law's prohibition on
employment discrimination. Charges of employment
discrimination can still be filed however, against employers that are not an
Indian tribe, regardless of the individual owner’s tribal membership.
believe you are a victim of racial employment discrimination because you
are Native American, contact Allison & Taylor.
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discrimination case by checking what your
former boss/employer has to say about you.
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