Native American Discrimination - Wrongful Termination

Native American Discrimination in the Workplace

Unfortunately, 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.

Laws Against Native American Discrimination

Native American discrimination in the workplace is prohibited by Title VII of the Civil Rights Act of 1964.   These laws protect Native Americans and others from employment discrimination based on color and race discrimination, in addition to national origin discrimination, gender 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.

Title 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.

It 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.

Help With Your Native American Discrimination Case

If you believe you are a victim of racial employment discrimination because you are Native American, contact Allison & Taylor.

With 30 years of experience in verifying job references Allison & Taylor can help solve your discrimination case by checking what your former boss/employer has to say about you.