Introduction to TERO

Tribal people and generally most Americans are aware of the historical poverty, economic inequalities and the deplorable social conditions that exist on many Indian reservations and Alaska Native villages today, The recent U.S. census provided ample testimony to this human tragedy when its findings revealed that Indian people continue to be among the most poverty-stricken groups in the United States. The same census further showed that three out of the ten of the poorest counties in the American are located partially or wholly within Indian reservations. Current national employment statistics only add to these depressing sets of facts. They report that while America is enjoying one of its best economic periods in recent times, and despite the rapid economic development that is taking place on many reservations, chronic unemployment rates on many reservations and Alaska Native villages persists at staggering levels ranging anywhere from 10% to 85%.

Tribal leaders realize that finding solutions to both the economic and social plight of their people must be found. They understand clearly that tribal access to employment and other economic opportunities can play a major role in overcoming these conditions. They are also well aware that past federal Indian employment strategies have met with little or no success and that real solutions to tribal needs must come from within.

During the past four decades, Tribal governments have made tremendous strides in identifying and protecting the rights, resources and opportunities of their people. Tribes are effectively exercising self-governance to protect their water, timber, hunting, fishing and gaming rights in order to receive maximum economic returns and opportunities from the use of their resources while at the same time defining the scope of their sovereign authority and jurisdiction.

This same type of effective advocacy and assertion is also being used to remove barriers to and protect the employment and contracting rights of Indian and Alaska Native people. Approximately 300 tribal governments have passed the strongest Indian preference laws in the nation laws and have established Tribal Employment Rights Offices (TERO's) to enforce these laws.

Indian people have unique and distinctive employment rights including the right to Indian preference in employment, contracting and other business activities on and near their lands. The right to this preference comes from two major sources.

1. Tribal Sovereign Powers: As sovereigns, tribes have the legal authority to regulate and control the employment practices of all employers conducting business on their reservations. This power enables Tribal Governments to require that all covered employers provide Indian preference in employment, contracting and subcontracting to qualified Indian applicants, contractors and businesses that can provide competitive bids and quality services or products.
2. Federal Indian Preference Employment Law & Contracting Requirements: Federal laws require mandatory Indian preference on all federally funded contracts or grants which have been awarded to create benefits for Indian and Alaska Native people. Employers who are recipients of such awards are required by federal law, as well as by contract requirements to provide qualified Indians/Alaska Natives with preference in all aspects of employment and contracting.

There are also several federal laws that recognize the unique rights of Tribal people and permit employers operating businesses on or near reservations to adopt Indian preference policies on a voluntary basis. Additionally, as minorities, Indian people are eligible for affirmative action hiring considerations and as Americans are protected by all U.S. equal protection and anti-discrimination laws and executive orders.

This set of employment rights provide Indian people with more protection than all other Americans and legally entitles them to claim a large share of employment, contracting and other business opportunities on and near their reservations.

While it is clear that Tribal and Alaska Native governments have the authority to enact the strongest employment and contracting laws in the nation, history has taught tribes that passing such laws is not enough. In order to avoid the failures of the past, tribes have established a vigorous Indian preference enforcement program as a vital cornerstone of their employment rights strategy. Critical to the success of this strategy is a program that has:

• Laws and guidelines that impose clear specific requirements on employers operating within reservations that regulate their employment practices and ensure that they meet their legal obligations to provide preference in recruiting, hiring, training, promotions and all aspects of employment, contracting and business.
• An administrative system monitors en employer's performance to guarantee strict compliance with tribal preference requirements.
• An enforcement system that imposes fines and other sanctions on employers who fail to comply with the letter and spirit of the law.