This chapter shall be referred to as the "Nottawaseppi Huron
Band of the Potawatomi Fair Employment Practices Code."
As a sovereign Indian Tribe, the Nottawaseppi Huron Band of
the Potawatomi (the "Band" or the "Tribe") has inherent authority
to govern employment relations within its jurisdiction. It is the
public policy of the Band to:
A. Ensure that citizens of the Band and other Native Americans gain
and maintain employment opportunities within the Band's jurisdiction;
B. Prevent and remedy unlawful discrimination in employment (other than
to promote the employment of citizens of the Band and other Native
Americans) on the basis of sex, race, color, national origin, religion,
age, sexual orientation, familial status, or disability;
C. Promote the Bode'wadmi traditions and values by ensuring that
the employers' employment practices and decisions reflect the
Seven Grandfather Teachings and that the community of employees who
are invited in, and accept employment within, our tribal community
incorporate those values as well; and
D. Ensure
that employees within the jurisdiction of the Band work in safe conditions,
receive fair compensation, and otherwise have fair terms and conditions
of employment consistent with this chapter and other applicable law.
The purpose of this chapter is to:
A. Carry out the powers of self-government in a manner that promotes
and preserves our Bode'wadmi values and traditions. In furtherance
of that goal, the Band strives to be guided by the Seven Grandfather
Teachings in its deliberations and decisions. The rights and limitations
contained in this chapter are intended to reflect the values in the
Seven Grandfather Teachings to ensure that all employers and employees
of those employers who are within the jurisdiction of the Band be
guided by the Seven Grandfather Teachings (Noeg Meshomsenanek Kenomagewenen):
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Bwakawen
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Wisdom
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Debanawen
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Love
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Kejitwawenindowen
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Respect
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Wedasewen
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Bravery
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Gwekwadzewen
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Honesty
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Edbesendowen
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Humility
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Debwewin
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Truth
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B. Prevent and remedy unlawful discrimination in employment on the basis
of sex, race, color, national origin, religion, age, sexual orientation,
familial status, or disability; and
C. Establish standards for fair and safe working conditions consistent
with the standards prescribed in this chapter.
The provision of Indian employment preferences within Indian country pursuant to tribal law does not constitute unlawful employment discrimination under this law. See § 5.2-4, Definition of "discriminate"; Article III, Unlawful Discrimination; § 5-2.12, Actions not constituting unlawful discrimination. Such employment preferences do not constitute race discrimination. See Morton V. Mancari, 417 U.S. 535, 554 (1974). Preferences provided to tribal members of the Band over other Indians likewise will not constitute unlawful discrimination under this chapter. See § 5.2-12A. Federal law prohibits national origin discrimination by employers that are not considered Indian tribes. Thus, reservation employers that are not a part of tribal government could face such claims if they provide employment preferences to members of the Band over other Indians. See Dawavendewa V. Salt River Project Agr. Imp., 154 F.3D 1117 (9th Cir. 1998), Cert denied, 528 U.S. 1098 (2000). But see Dawavendewa V. Salt River Project Agr. Imp., 276 F.3D 1150 (9th Cir. 2002) (Lawsuit by Hopi claiming national origin discrimination against non-Indian employer on Navajo reservation following Navajo tribal member employment preference law subject to dismissal because Navajo Nation is indispensable party to the case and cannot be joined because it has sovereign immunity).
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