The Indian Preference Law and the Indian Preference policies of the Indian Health Service have evolved from the Indian Reorganization Act of 1934. The intent of the United States Congress was to facilitate Indian self-government.
The United States Supreme Court has held that the Indian Preference Law does not constitute harmful racial discrimination or violate the due process clause of the Fifth Amendment, but is reasonable and rationally designed to further Indian self-government. The Indian Preference law is a distinct statute that does not violate Title VII of the Civil Rights Act of 1964, as amended.
All claims of Indian Preference violations are processed under applicable grievance procedures.
For more information on Indian Preference please contact us.