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The contractor may use whatever employment process it chooses; provided, that it makes reasonable efforts to hire qualified Indians and a non-Indian person will not be hired if there is a qualified Indian available. The employer may obtain qualified Indian referrals from TERO and other sources. In all cases, the contractor is required to notify TERO of all jobs planned for a project. Except for key employees, which nevertheless must be identified in an Indian preference plan, all positions existing or planned to exist on the Reservation are subject to Indian preference requirements.

A contractor may not use job qualifications, criteria, or requirements which have a tendency to bar Indians from employment unless the same are required by business necessity. It is the employer’s burden to prove business necessity. [Ord. 58 § 4509, amended, 5/9/2019; Ord. 34 § 4509, adopted, 2/6/2014.]