EEOC Files Conditional Cross-Petition in Navajo Tribal Preference Case

Here: EEOC Conditional Cross-Petition

The question presented:

Whether the Secretary of the Interior is a “required party,” within the meaning of Rule 19(a)(1) of the Federal Rules of Civil Procedure, to an action by the Equal Employment Opportunity Commission against a private employer, where the challenged conduct was undertaken pursuant to a federally approved mining lease between the employer and an Indian Tribe, but no federal agency is a party to the lease.

The cert petitions filed by Peabody Coal and the Navajo Nation are here.

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