Indian preference

President Lyndon B. Johnson signed Title VII of the United States Civil Rights Act of 1964, prohibiting employment discrimination on the basis of race, sex, national origin, color, or religion. However, this provision does not apply to all individuals uniformly. During the period of reforms in the sociologist John Collier era, often referred to as the Indian New Deal (1933–1945), Indian preference in employment was instituted first in the Bureau of Indian Affairs and, eventually, other federal agencies, such as the U.S. Department of Health and Human Services, which work closely with Native American people. Later, individual Nations’ governments, colleges, and other organizations were able to invoke Indian preference in making hiring decisions.

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Commonly, Nations develop criteria that give first preference to members of their own Nation, next preference to an American Indian from any Nation, and last preference to non-Native American applicants. Indian preference was permitted as a way to increase the number of Native American people working within agencies and organizations that deal primarily with Native American populations. It was also a way to increase the number of American Indian individuals in the workforce, decreasing the disproportionate unemployment rate.

The U.S. Department of the Interior’s Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS) continue to use this preference tool in the twenty-first century, encouraging American Indians and Alaska Natives to apply to and work with governmental agencies. The tool’s parameters are similar to those of the Veteran’s Preference program, aiming to hire America’s former service members. To qualify for the program, individuals must be a member of a federally recognized Tribe, be the descendant of a member of a Tribe that resided within the Nation’s boundaries, be an Alaska Native, or meet specific requirements as a descendant of other Nations.

Bibliography

Bush, G. “‘Indian Preference’ Gets Bush Ax.” Congressional Quarterly Weekly Report, vol. 48, no. 47, 1990, p. 3971.

Farnsworth, Wayne R. “Bureau of Indian Affairs Hiring Preferences after Adarand Constructors, Inc. v. Pena.” Brigham Young University Law Review, vol. 1996, no. 2, 1996, p. 503.

Feraca, Stephen E. “Inside the Bureau of Indian Affairs.” Society, vol. 27, no. 4, 1990, pp. 29–39.

"Indian Preference." Indian Affairs, U.S. Department of the Interior, www.bia.gov/jobs/Indian‗Preference. Accessed 10 Oct. 2024.

"Indian Preference." US Office of Personnel Management, www.opm.gov/policy-data-oversight/tribal-consultation/indian-preference. Accessed 10 Oct. 2024.

Rolnick, Addie C. “The Promise of ‘Mancari’: Indian Political Rights as Racial Remedy.” New York University Law Review, vol. 86, no. 4, 2011, pp. 958–1045.

Zachary, Mary-Kathryn. “Guilt, Subjugation, and the American Indian Preferences Exemption.” Labor Law Journal, vol. 53, no. 4, 2002, p. 191.