32.04.050 Qualified and Personnel Requirements

Every employer is prohibited for using job qualification criteria or personnel requirements which bar Indians from employment. The Commission shall bear the initial burden of proving that a job qualification criterion or personnel requirements is not required by business necessity. Upon a prima facie proof that a job qualification or personnel criterion is not required necessity, employer shall then bear the burden of proving that it is. If that burden is not met, the employer will be required to eliminate the job qualification criterion or personnel acquirements at issue. In implementing this section, the Commission shall be guided by principles established in the EEOC in order to eliminate employment barriers unique to Indians and the reservation. If the employer and the Commission or Director is unable to agree upon any matter in this section, the Commission may invoke the hearing procedure provided in Chapter 32.07 of this Ordinance.