Hiring Preference Policies

The Eastern Band of Cherokee Indians hiring preference policy is set forth by rules and regulations of The Cherokee Code.

Cherokee Code

ARTICLE II.  EMPLOYMENT PREFERENCE LAW
Sec. 95-11.  Declaration of policy.

As a guide to the interpretation and application of this law, the public policy of the Eastern Band of Cherokee Indians is declared to be as follows:

Like land, water, and minerals, jobs in the private sector on or near the Reservation are an important resource for Indian people and Indians must use their rights to obtain their rightful share of such opportunities as they become available. Indians have unique and special employment rights and the Tribe has the inherent sovereign power to pass laws to implement and enforce those special rights on behalf of Indians. Indians are also entitled to the protection of the laws that the federal government has adopted to combat employment discrimination, and Tribal governments can and should play a role in the enforcement of those laws. The Tribe believes it is important to establish an employment rights program and office in order to use the aforementioned laws and powers to increase employment of Indian workers and to eradicate discrimination against Indians.

(Ord. No. 593, 7-1-1999)

Sec. 95-13.  Indian preference in employment.

(a)   All covered employers for all employment occurring within the Reservation shall give preference to qualified Indians with the first preference to local Indians in all initial hiring, training, and other aspects of employment. Local Indians shall also receive preferential protection from layoffs.

(b)   Preference shall be given to local Indians who meet the minimum qualifications for a particular job, regardless of any higher qualifications that non-Indians may have. Spouses of local Indians who meet the minimum qualifications for a particular job shall be entitled to a second preference. (Covered employers may adopt promotion policies which reward employees who perform at higher levels of performance and such employers will not be bound to promote qualified Indians who meet only the minimum requirements of the job if these employees do not also meet the higher performance requirements set out in the promotion criteria of the covered employers’ personnel policy. However, once the higher promotion criteria is met, preference will be given to the Indian meeting that promotion criteria.) This chapter shall not be construed to prevent a covered employer from selecting the most qualified Indian applicant, or from selecting a non-Indian if no qualified Indian applies for the job.

(c)   No covered employer shall discriminate against any employee on the basis of gender, age, disability, or religion.

(d)   For purposes of hiring, a covered employer who:

(1)   Utilizes the hiring hall or skills bank established by the Commission,

(2)   Notifies at least three Indians of the opportunity to apply for the job (unless fewer are listed for the available job), and

(3)   Complies with subsections (b) and (c) of this section,

shall be considered in compliance with this preference law.

(e)   All covered employers shall comply with the rules, regulations, guidelines, and orders of the Tribal Employment Rights Commission which set forth the specific obligations of employers in regard to Indian preference.

(f)   The requirements of this law shall not apply to any direct employment by the federal, state or other governments or their subdivisions. It shall apply to all contractors or grantees of such governments and to all commercial enterprises operated by such governments.

(g)   This law shall apply to the Tribe, except that section 95-23, 95-24, and 95-25 shall not. Any complaint against the Tribe for violation of this law shall be filed with the Director prior to a hearing and appeal under any applicable personnel policies and procedures of the Tribe and shall not be heard by the Commission. Nothing in this law shall be construed as a waiver of the Tribe’s sovereign immunity.

(h)   For purposes of initial hiring by the Tribe or a program funded by the Tribe, if a local Indian meeting the minimum qualifications applies for a job, no other person shall be hired without a prior resolution approved by the Tribal Council.

(Ord. No. 593, 7-1-1999; Ord. No. 674, 4-6-2001)