Human Resource Professionals are tasked with navigating the needs of the organization, strict and sometimes complex laws, and dealing with unknown variables that come along with all of people they encounter and interact with daily. When you add in the complexities that come with managing employees in a Tribal organization it can feel almost unmanageable foro ne person.
Managing Tribal employees brings a whole new set of challenges to anyone in a human resources role. Working in Indian Country changes workplace rules significantly. Things like tribal sovereignty, tribal culture, Indian preference, and Tribal hierarchy change the landscape for the human resource manager.
The sovereign status of Indian Tribes have the right to govern themselves. This creates a unique culture within Tribal organizations that change the role and responsibilities of human resources. Three of the top focus areas for human resource managers to mindfully include should be inclusion of culture within the organizations onboarding materials, hiring processes and creation of policies.
Inclusion of Tribal Culture
Onboarding process may include education about tribal culture. Example, history of the Tribe itself, origins, language, or and sacred people, artifacts, or specific days and dates.
Indian Employment Preference
Tribal organizations, may give preferential treatment to Indian applicants and employees. This could be equal preference given to all federally recognized tribes, or preference for the organization’s tribe first. Those preferences should reflect in hiring policies, training, promotions, and layoffs.
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Tribal Government Policies
It is up to HR to make sure that all employees are aware of, and in compliance with, any Tribal laws that affect them or the organization.
How Do Federal U.S. Laws Apply?
U.S. laws have been set up with what is known as the plenary power doctrine, which gives Congress the ultimate authority over matters that pertain to Indian Tribes. This has, for the most part, kept the executive branch of the government and the federal courts out of most situations.
The short and fast answer to whether U.S. federal employment laws apply to Tribal businesses is no. Congress has chosen to stay silent about how, and if, most laws apply. In the case of Title VII (of the Civil Rights Act of 1964), which prohibits employers from discriminating based on race, sex, color, religion, or national origin, Indian Tribal organizations are specifically exempt. They are also specifically exempt from the Americans with Disabilities Act.
Working in human resources managing tribal employees can be challenging and it’s not unusual to find that the human resources department in any organization is stretched thin. Getting some help can make a tremendous difference. Contact Tribal Edge today for more information and to see what services may benefit your team.