Equal opportunity and workforce programs | Tribal employment
Tribal Employment Rights Offices
Six of Minnesota’s 11 federally recognized tribes have designated Tribal Employment Rights Offices. These are the primary mechanisms through which tribal governments administer the labor and employment provisions of their TERO ordinances.
These Tribal Employment Rights Offices, or TEROs, require employers conducting business on reservations to give preference to qualified American Indians. Designated TERO officers or tribal employment representatives monitor and enforce the requirements of their respective ordinances.
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
The Tribal Employment Rights Ordinance 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 or near 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 tribal members face while seeking employment and business opportunities on or near reservations.
- Ensure tribal members receive their rightful entitlements as intended and required under the tribal and federal Indian preference employment law.
- 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 or near 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