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):
Bwakawen
Wisdom
Debanawen
Love
Kejitwawenindowen
Respect
Wedasewen
Bravery
Gwekwadzewen
Honesty
Edbesendowen
Humility
Debwewin
Truth
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.
§ 5.2-3 Commentary
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).