Here are the materials in Nakai v. Zinke (D.D.C.):
Indian preference
DOJ Sues S. Dakota DSS for Discrimination Against Tribal Job Applicants
DOJ Press release here.
U.S. v. S.D. DSS Complaint here.
According to the complaint, in October 2010, Cedric Goodman, a Native American with supervisory experience as a social worker, as well as several other well-qualified Native Americans, applied for an Employment Specialist position at DSS’s Pine Ridge Office. The complaint alleges that after interviewing Goodman and the other Native American candidates who met the employer’s objective job qualifications, DSS removed the vacancy and hired no one. The next day, however, DSS reopened the position and ultimately selected a white applicant with inferior qualifications and no similar work experience. The complaint alleges that DSS discriminated against Goodman and other similarly-situated Native American applicants based on their race.
In addition, the complaint alleges that denying Goodman’s application was part of a pattern or practice of race discrimination by DSS, where the agency repeatedly removed job postings and used subjective, arbitrary hiring practices to reject qualified Native American applicants for Specialist positions.
Over a two year period beginning in 2010, DSS posted 18 Specialist vacancies for its Pine Ridge Reservation Office. Even though the agency received nearly 40 percent of its applications from Native Americans, DSS hired 11 Whites and only one Native American, while removing six other openings entirely.
Harold Monteau’s Cabazon/Gaming/Indian Preference Materials for FBA
“Affiliate” of Alaskan Native Corporation Not Entitled to Title VII Exemption
Here are the materials in Fox v. Portico Reality Servs. Office (E.D. Va.):
Portico Motion for Reconsideration
The court’s first order holding the same thing (but sua sponte, and apparently without the benefit of any briefs, is here).
California AG Opinion Approving State Indian Preference Rules Despite State Ban on Affirmative Action
A very important opinion (h/t Indianz): Cal AG opinion.
In states like Michigan, tribal advocates have argued that state programs and laws designed to benefit Indian people are excluded from the application of the so-called Michigan “civil rights” amendment. This AG opinion approves of exactly the same argument.
Federal Court Holds Lumbee Tribe Must Comply with Title VII
Here is the opinion from the Eastern District of North Carolina in Cummings v. Lumbee Tribe — cummings-v-lumbee-tribe-dct-order
The issue wasn’t briefed at all, it appears, by the defendants, who just made a motion. But here are the materials anyway:
Lawrence v. US DOI Cert Petition — Indian Preference (Fire Fighter Benefits)
Here is the cert petition in Lawrence v. United States DOI. Here is the Ninth Circuit’s opinion.
And here are the questions presented, from the cert petition:
1. Can the Department of Interior ignore the imperative of the Indian Preference Act (25 USC § 47.2) by “blindly” applying civil service regulations [5 USC § 831.906(b)], which effectively deprives Indian firefighters on Indian Reservations of the enhanced retirement benefits [5 USC § 8336(c)(1)] to which they may otherwise be entitled.
2. Whether the Secretary of Interior can, by failing to adopt any standards by which the BIA could identify Indian employees as firefighters, thereby exclude the majority of Indian civil service firefighters on Indian Reservations from timely filing for previous years credits toward their enhanced retirement benefits. [ Preston v. Heckler, 734 F.2d 1359 (9th Cir. 1984)]
3. Whether the trial, court erred in ruling that evidence of few BIA Indian firefighter employees applying for enhanced retirement benefits, when, in fact, the BIA employs a majority of Indian firefighters, did not satisfy a prima facie showing of disparate impact.
Indian Preference in Employment Case
In Indian Educators Association v. Kempthorne, the district court for the District of Columbia granted partial summary judgment to the plaintiffs on the question of whether the federal government is obliged to provide Indian preference in employment in agencies that administer Indian programs outside the Bureau of Indian Affairs or the Indian Health Service.
Here are the materials:
Indian Education Association Motion for Summary Judgment
Turtle Talk 