Monday, September 29, 2014
Thanks to Matthew Fletcher (Michigan State) for forwarding a link to his Turtle Talk post about EEOC v. Peabody Western Coal Co. (9th Cir. 9-26-14), holding that tribal preferences (as opposed to Indian preferences generally) are not national-origin classifications prohibited by Title VII. Here's the syllabus:
The panel affirmed the district court’s summary judgment against the Equal Employment Opportunity Commission with respect to its claim that Title VII of the Civil Rights Act of 1964 prohibited the tribal hiring preference contained in Peabody Western Coal Co. leases with the Navajo Nation.
The panel held that the Navajo hiring preference in the leases was a political classification, rather than a classification based on national origin, and therefore did not violate Title VII. The panel concluded that the district court correctly granted summary judgment to defendants Peabody Western Coal Company and Navajo Nation, and third-party defendant Secretary of the Interior....