OFCCP Input on Employment Preference for American Indians

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In a new FAQ last week, OFCCP provided federal contractors with guidance on employment preference for American Indians (Native Americans). Specifically,  OFCCP acknowledges for the first time that contractors can legally offer employment preference to “Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation.”

To determine if an area is “near” an Indian reservation, OFCCP notes that includes “where a person seeking employment could reasonably be expected to commute to and from in the course of a workday.” Should this apply to a position, and the contractor publicly announces its

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