Post by Okwes on Feb 28, 2007 16:45:14 GMT -5
N.D. analyst alleges discrimination against American Indians
By ELOISE OGDEN, Regional Editor
www.minotdailynews.com/news/articles.asp?articleID=7800
ALBUQUERQUE, N.M. � An enrolled member of the Three Affiliated
Tribes who is an attorney and federal management analyst for the Office
of the Special Trustee for American Indians in Albuquerque, N.M., hopes
to change OST's hiring practices for its senior managers.
Thomas Bird Bear, originally from New Town, is alleging racial
discrimination against American Indians by OST. He alleges he was passed
over for senior management positions with the OST Albuquerque office for
which he qualified in 2005 and 2006.
Established by the American Indian Trust Fund Management Reform Act of
1994, OST was created to improve the accountability and management of
Indian funds held in trust by the federal government, according to the
Interior Department's Web site.
Bird Bear filed a Title VII race, color and national origin
discrimination complaint against his employer, OST's Albuquerque
office.
The complaint was filed with the Equal Employment Opportunity Office of
the Secretary of the Interior's Office of Civil Rights in Denver in
July.
Bird Bear's complaint has initiated an upcoming investigation. An
Equal Employment Opportunity investigation of OST and relevant offices
conducted by the Office of Civil Rights, has been scheduled for early
January, Bird Bear said.
The Office of Civil Rights and Equal Employment Opportunity Office in
Denver did not return phone calls.
Bird Bear said the discrimination allegations are based on
"non-selection for six senior executive service � regional
fiduciary trust administrator � positions, for which he qualified in
2005 and 2006."
He said he believes "that all minority groups are severely
under-represented in OST management, but especially American Indians. He
said most of the appointees are "non-Indians or not people of
color."
Bird Bear is a 1993 graduate of the University of North Dakota School of
Law, Grand Forks, and is licensed to practice law in North Dakota. From
1996 to 2000, he was the North Segment/Shell Creek representative to the
Tribal business council on the Fort Berthold Reservation.
Bird Bear has been with the U.S. Department of Interior for six years.
After serving on the business council, he worked for the Interior
Department in Bismarck as an Indian adviser handling Indian probate. He
has been with OST in Albuquerque for four years.
Within Interior Department
OST is located within the Interior Department and, unlike the Bureau of
Indian Affairs, Bird Bear said OST has a policy that so-called "Indian
Preference" laws do not apply to its highest management jobs. However,
even without Indian Preference in the equation, the lack of diversity
could support a Title VII finding, he said.
Bird Bear said OST management declined his request for mediation in
September and the complaint was forwarded to Interior Secretary Dirk
Kempthorne and Interior's Office of Civil Rights in Washington, D.C.
On Oct. 2, Ross Swimmer, the special trustee for American Indians, and
Donna Erwin, OST principal deputy, issued an Equal Opportunity Policy
Memorandum and OST is now drafting an "OST specific" Diversity Plan,
Bird Bear said. He said an OST workforce plan has been neglected for
five fiscal years.
Bird Bear said he believes that OST is part of "the Indian Office" under
a 1934 law establishing Indian Preference. With OTI's role in current
reform of Indian trust business at BIA, Bird Bear said the lack of
American Indian OST executives "removes needed accountability for
Indian Country."
Bird Bear contends it also "short-changes every OST entry and
mid-level Native employee from career advancement within the current
regime."
Bird Bear is seeking Title VII compliance, Indian Preference within OST,
and regional fiduciary trust administrator appointment.
Decision to file
Bird Bear said he decided to file a complaint against OST because OST
lacks diversity in senior management and this is a legal problem that
must be addressed through Title VII.
"Since 1934, federal law and policy has provided for Native
executive leadership within the government to support tribal
self-determination ('Indian problems are best solved by Indians'
is an actual policy statement.) However, in 2006, multitudes of
educated, experienced and qualifying Native OST applicants are shut out
of the very system making the most vital decisions for Indian Country. I
am one such individual but there are many, many more such Natives,"
Bird Bear said.
Bird Bear said the lack of Indian Preference "has been raised
numerous times before (Union does not represent senior managers or
applicants) but were unable to pursue litigation."
"My specific complaint is about discrimination in senior executive
service positions and is directly based on Title VII. As to why (the
issue) not brought up before, it's probably due to lack of awareness
of Native rights under the Civil Rights laws," Bird Bear said.
While on the Three Affiliated Tribes' business council, Bird Bear
spearheaded the Keepseagle versus Glickman issue involving American
Indian farmers' racial discrimination cases at the U.S. Department
of Agriculture which threatened loss of Indian trust land.
By ELOISE OGDEN, Regional Editor
www.minotdailynews.com/news/articles.asp?articleID=7800
ALBUQUERQUE, N.M. � An enrolled member of the Three Affiliated
Tribes who is an attorney and federal management analyst for the Office
of the Special Trustee for American Indians in Albuquerque, N.M., hopes
to change OST's hiring practices for its senior managers.
Thomas Bird Bear, originally from New Town, is alleging racial
discrimination against American Indians by OST. He alleges he was passed
over for senior management positions with the OST Albuquerque office for
which he qualified in 2005 and 2006.
Established by the American Indian Trust Fund Management Reform Act of
1994, OST was created to improve the accountability and management of
Indian funds held in trust by the federal government, according to the
Interior Department's Web site.
Bird Bear filed a Title VII race, color and national origin
discrimination complaint against his employer, OST's Albuquerque
office.
The complaint was filed with the Equal Employment Opportunity Office of
the Secretary of the Interior's Office of Civil Rights in Denver in
July.
Bird Bear's complaint has initiated an upcoming investigation. An
Equal Employment Opportunity investigation of OST and relevant offices
conducted by the Office of Civil Rights, has been scheduled for early
January, Bird Bear said.
The Office of Civil Rights and Equal Employment Opportunity Office in
Denver did not return phone calls.
Bird Bear said the discrimination allegations are based on
"non-selection for six senior executive service � regional
fiduciary trust administrator � positions, for which he qualified in
2005 and 2006."
He said he believes "that all minority groups are severely
under-represented in OST management, but especially American Indians. He
said most of the appointees are "non-Indians or not people of
color."
Bird Bear is a 1993 graduate of the University of North Dakota School of
Law, Grand Forks, and is licensed to practice law in North Dakota. From
1996 to 2000, he was the North Segment/Shell Creek representative to the
Tribal business council on the Fort Berthold Reservation.
Bird Bear has been with the U.S. Department of Interior for six years.
After serving on the business council, he worked for the Interior
Department in Bismarck as an Indian adviser handling Indian probate. He
has been with OST in Albuquerque for four years.
Within Interior Department
OST is located within the Interior Department and, unlike the Bureau of
Indian Affairs, Bird Bear said OST has a policy that so-called "Indian
Preference" laws do not apply to its highest management jobs. However,
even without Indian Preference in the equation, the lack of diversity
could support a Title VII finding, he said.
Bird Bear said OST management declined his request for mediation in
September and the complaint was forwarded to Interior Secretary Dirk
Kempthorne and Interior's Office of Civil Rights in Washington, D.C.
On Oct. 2, Ross Swimmer, the special trustee for American Indians, and
Donna Erwin, OST principal deputy, issued an Equal Opportunity Policy
Memorandum and OST is now drafting an "OST specific" Diversity Plan,
Bird Bear said. He said an OST workforce plan has been neglected for
five fiscal years.
Bird Bear said he believes that OST is part of "the Indian Office" under
a 1934 law establishing Indian Preference. With OTI's role in current
reform of Indian trust business at BIA, Bird Bear said the lack of
American Indian OST executives "removes needed accountability for
Indian Country."
Bird Bear contends it also "short-changes every OST entry and
mid-level Native employee from career advancement within the current
regime."
Bird Bear is seeking Title VII compliance, Indian Preference within OST,
and regional fiduciary trust administrator appointment.
Decision to file
Bird Bear said he decided to file a complaint against OST because OST
lacks diversity in senior management and this is a legal problem that
must be addressed through Title VII.
"Since 1934, federal law and policy has provided for Native
executive leadership within the government to support tribal
self-determination ('Indian problems are best solved by Indians'
is an actual policy statement.) However, in 2006, multitudes of
educated, experienced and qualifying Native OST applicants are shut out
of the very system making the most vital decisions for Indian Country. I
am one such individual but there are many, many more such Natives,"
Bird Bear said.
Bird Bear said the lack of Indian Preference "has been raised
numerous times before (Union does not represent senior managers or
applicants) but were unable to pursue litigation."
"My specific complaint is about discrimination in senior executive
service positions and is directly based on Title VII. As to why (the
issue) not brought up before, it's probably due to lack of awareness
of Native rights under the Civil Rights laws," Bird Bear said.
While on the Three Affiliated Tribes' business council, Bird Bear
spearheaded the Keepseagle versus Glickman issue involving American
Indian farmers' racial discrimination cases at the U.S. Department
of Agriculture which threatened loss of Indian trust land.