Equal opportunity and workforce programs | Tribal employment
Tribal Employment Rights Offices
Seven of Minnesota’s 11 federally recognized Tribes have designated Tribal Employment Rights Offices (TEROs). These are the primary mechanisms through which Tribal governments administer the labor and employment provisions of TERO ordinances.
Specifically, TEROs require employers conducting business on reservations to give preference to qualified American Indians, with designated TERO officers/Tribal employment representatives monitoring and enforcing the requirements of their respective ordinances.
Contractors, engineers, and other interested parties working on or within a 60-mile radius of one of the state’s reservations should be familiar with the following information.
TERO
Tribal Employment Rights Ordinance, Tribal Employment Rights Office, and the Tribal Employment Rights Officer are often referred to as TERO.
Tribal Employment Rights Ordinance
Ordinance that requires all employers conducting business on reservations to give preference to qualified American Indians in all aspects of employment, contracting, and other business activities
Tribal Employment Rights Office
Administrative centers through which Tribal nations implement and enforce the employment and labor provisions of their respective TERO ordinances
Tribal Employment Rights Officer
Individuals authorized to monitor and enforce the requirements of their respective ordinances.
Overview
TERO programs enforce Tribally enacted American Indian preference law, which ensures American Indians gain their rightful share of employment, training, contracting, subcontracting, and business opportunities occurring on reservations. The purpose of these programs is to:
- Address the high rates of poverty, unemployment and underemployment that exist among Native people living on reservations.
- Eliminate discriminatory and other historical barriers that Tribal members face while seeking employment and business opportunities.
- Ensure the exercise of all rights under applicable Tribal and federal Indian preference employment laws.
- Provide access to training and employment opportunities.
Indian preference
Indian preference is a unique legal right that entitles American Indians to first consideration for all employment, training, contracting, subcontracting and business opportunities occurring on reservations.
There are no federal laws prohibiting Indian employment preference in TEROs, and tribes are exempt from Title VII of the Civil Rights Act and several other major federal employment laws. Court rulings have also held that since Indian preference is a political preference, not a racial preference, it does not violate federal employment law.
TERO tax
A TERO tax is the assessment a contractor must pay on highway construction projects occurring anywhere on Tribal land. Each tribe has a different TERO tax outlined in their Tribal ordinance.
Tribes use TERO taxes to finance operational costs and program services. These services include the following:
- Recruiting
- Referrals
- Screening
- Training opportunities
- Job counseling
- Orientations
- Employee support services
- Compliance
- Charge processing
- Investigations
- Community awareness education sessions