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Legal Authorities

Quick Reference Guide Chart

Laws & Regulations TERO Ordinances Title VII Civil Rights Act Executive Order 111246 & Amendments Transportation Equity Act
General Provisions Requires Indian Preference in all aspects of employment contractors/ subcontractors employment on reservation Prohibits discrimination in all aspects of employment on the basis of race, color, religion, national origin & sex Prohibits discrimination in all aspects on the basis or race, color , religion, national origin sex (EO 11375,) age (EO 11141) and handicapped (EO11914) Prohibits discrimination in all aspects of employment on the basis of race, color, religion, national origin and sex
Indian Preference Requires contractors to submit an acceptable compliance plan describing how Indian preference will be met Section 703 (I) permits Indian preference on or near reservation; exempts Tribes from Title VII coverage Permits Indian preference within reasonable commuting distance from reservation. Prohibits Tribal of religious preference Permits Indian preference on or near reservations. Allows States to implement Indian preference
Coverage All employers operating within the boundaries of a reservation. Federal/ State agencies exempt All employers with 15 or more employees All Federally assisted programs. Contracts of $10,000 require EEOC statement; Contracts of $50,000 and 50 employees require an Affirmative Action Plan. All Federal-aid Highway construction projects
Enforcement Authority Tribal Employment Rights Office and Commissions The Equal Employment Opportunity Commission; EEOC - Funded TERO offices The Office of Federal Contract Compliance programs within the Department of Labor Federal Highway Administration and its field offices.
Special Indian Employment Initiatives Special Indian employment initiatives include tribal workforce utilization plans to better prepare and qualify tribal workforce to meet industrial demand Tribal workforce empowerment program to insure better job readiness and individual employee development EEOC contract with 68 TERO's providing them with the authority to initiate Title VII discrimination charges, negotiate Indian preference agreements, settle employment disputes, provide educationsEEOC provides specialized training, support services and technical assistance involving Title VII enforcement Instituted and agency initiative that strongly encourages Federal contractors to increase Indian hiring goals; provides specialized training, technical assistance to TERO programs and support TERO programs FHWA instituted goal to work toward increasing Indians in highway construction. Under initiative FHWA provides training, technical assistance, and provide services to Tribes and contractors in order to help them meet hiring goals.


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