Frequently Asked Questions About Indian Tribes and Tribal Employment Rights Offices

Questions About EEOC Jurisdiction

Q1. Does the EEOC have jurisdiction over complaints of employment discrimination by federally recognized American Indian Tribes?

A. The EEOC has jurisdiction over two types of employment discrimination charges against federally recognized Tribes: (1) age discrimination charges under the ADEA by individuals age 40 and older; and (2) gender-based pay discrimination charges under the Equal Pay Act, unless the application of these statutes would infringe on treaty rights or Tribal sovereignty.

The EEOC does not have jurisdiction over charges of employment discrimination against federally recognized Tribes if the alleged discrimination is based on race, national origin, sex, color, or religion (under Title VII), disability (under the ADA), or genetic information (under GINA).  

However, it is important to note that the EEOC has jurisdiction to enforce all of the laws listed above with respect to private employers operating on Tribal lands, as explained in more detail Q2, below.

Q2. Does the EEOC have jurisdiction over complaints that a private employer engaged in employment discrimination if the private employer operates on a reservation or has a contract with a Tribe?

A. The EEOC has jurisdiction over private employers operating on a reservation or that contract with a Tribe, depending on the size of the employer: 

• The EEOC has jurisdiction over private employers with at least one employee regarding claims of gender-based pay discrimination under the EPA.
• The EEOC has jurisdiction over private employers with at least 15 employees regarding claims of race, color, religion, sex, or national origin discrimination under Title VII, claims of disability discrimination under the ADA, and claims of genetic information discrimination under GINA.
• The EEOC has jurisdiction over private employers with at least 20 employees regarding claims of age discrimination under the ADEA by individuals who are 40 or older. 

Q3. Does the EEOC have jurisdiction over complaints of employment discrimination by a business owned by a Tribe?

A. The EEOC may have jurisdiction over a business that is owned by a Tribe, but not integrated with and controlled by the Tribe, and that is not performing essentially governmental functions on behalf of the tribe.  

Q4.  What should I do if I don’t know who owns the business that employs me or where I want to work, or if I don’t know if a Tribe is federally recognized?

A.  It may be difficult for employees or applicants for employment to determine if Tribes, Tribally-owned businesses, or private businesses on reservations fall under the EEOC’s jurisdiction. Employees and applicants are welcome to file charges if they are uncertain about whether the employer is covered. The EEOC will determine whether or not it has coverage over the employer.

Instructions on how to file a charge with the EEOC can be found here:  How to File a Charge of Employment Discrimination

You can access the EEOC’s Portal here: Link to EEOC Portal

Questions about TERO

Q5. What is a TERO (Tribal Employment Rights Office)?

A. A Tribal Employment Rights Office or TERO is the unit within the Tribal government structure that monitors and enforces Tribal employment rights ordinances and facilitates the employment of American Indians and Alaska Natives in businesses and industries operating within the geographical boundaries of the reservation.  

TEROs may also serve as the referral and placement resource between employers and residents of the reservations and negotiate Indian preference agreements.

Q6. What does it mean for a TERO to be “under contract” with the EEOC?

A. The EEOC contracts with eligible TEROs to enhance the employment opportunities of American Indians and Alaska Natives by supporting the work of a TERO.

TERO activities include:

• Negotiating written Indian preference agreements with employers operating on or near the reservation.
• Providing activities to enhance public awareness of the complaints-resolution process under Tribal law for alleged discrimination occurring on the reservation, and of protection against unlawful employment discrimination under applicable federal employment discrimination laws both on and off the reservation.
• Providing referral services to connect employers operating on or near the reservation with Tribal members who have skills sought by those employers.
• Conducting on-site inspections of employers on the reservation to ensure that goals and timetables agreed to under Tribal ordinances and preference agreements are being met.

Q7. How can a TERO enter into a contract with the EEOC?

A. A TERO should contact the State, Local and Tribal Program Manager/Coordinator in the nearest EEOC District Office to express interest in entering into a contract with EEOC.  The criteria for TEROs to be eligible for EEOC contracts are sent annually to EEOC District Directors and State, Local and Tribal Program Managers/Coordinators.

Q8. How does the EEOC work with TEROs?

A. The EEOC works together with TEROs to protect the employment rights of American Indians and Alaska Natives, and to prevent discrimination through education and cooperation. TEROs promote employment opportunities for Tribal members on the reservation and the EEOC supports their efforts. The EEOC provides training on the employment discrimination laws it enforces, how to recognize potential discrimination issues and the overall EEOC intake process to the TEROs who contract with the EEOC.   Training is conducted through videos, classroom settings, conferences and other meetings each year.

Q9. Can I file an EEOC charge with a TERO? 

A. No, you cannot file an EEOC charge with a TERO, but they may be helpful in providing information about how to file a charge.

Q10. How can a TERO help me?

A. The TERO may assist you with filing an EEOC charge if you are an employee or applicant for employment who believes an employer has subjected you to employment discrimination.  The TERO may also attempt to resolve your complaint with the employer, regardless of whether it is a private employer or a state or local government employer, on your behalf before forwarding your complaint to the EEOC.  TEROs may also serve as referral and placement resource between Tribal members on the reservation and employers.