People who identify themselves as Native Americans and believe they have been discriminated against may be able to sue based on two distinct claims for the same characteristic. Such individuals can claim discrimination based on national origin or race.
As a practical matter, that means the employee can sue under both Title VII of the Civil Rights Act (for race and national-origin discrimination) and under the Civil War era Section 1981 (for race discrimination).
Recent case: David Torgerson, who claims to be of Native American origin, applied for a job as a firefighter with the city of Rochester. When he was not hired, he filed a lawsuit alleging national-origin discrimination under Section 1981. He never claimed race discrimination. Because of that technicality, his lawsuit was dismissed. (Torgerson v. City of Rochester, No. 07-1968, DC MN, 2008)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8671/native-american-status-may-mean-extra-bias-claim "