Dawavendewa

Harold Dawavendewa, a Native American, alleges that because he is a Hopi and not a Navajo, he was not considered for a position with a private employer operating a facility-on the Navajo reservation. He contends that the employer’s conduct constitutes unlawful employment discrimination under Title VII of the Civil Rights Act of 1964. To determine whether Dawavendewa’s Title VII eom-plaint may proceed, we address, first, whether discrimination based on tribal affiliation constitutes “national origin” discrimination, and, second, whether such discrimination is permitted under a Title VII provision that allows preferential treatment of Indians in certain specified circumstances.

Salt River Project Agricultural Improvement and Power District (“Salt River”), an Arizona corporation, entered into a lease agreement with the Navajo Nation in 1969. The agreement allows Salt River to operate a generating station on Navajo land provided that it, among other things, grants employment preferences to members of the Navajo tribe living on the reservation, or, if none are available, to other members of the Navajo tribe. 2 This preference policy is consistent with Navajo tribal law. See 15…