Legal Opinion

Dawavendewa v. Salt River Project Agricultural Improvement & Power District

Court of Appeals for the Ninth Circuit

Decided September 14, 1998No. 97-15803PublishedCited by 7 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

Harold Dawavendewa, a Native American, alleges that because he is a Hopi and not a Navajo, he was not considered for a position with a private employer operating a facility-on the Navajo reservation. He contends that the employer’s conduct constitutes unlawful employment discrimination under Title VII of the Civil Rights Act of 1964. To determine whether Dawavendewa’s Title VII eom-plaint may proceed, we address, first, whether discrimination based on tribal affiliation constitutes “national origin” discrimination, and, second, whether such discrimination is permitted…

2Cases cited16 opinions

  1. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
  2. Morton v. MancariSupreme Court of the United States · 1974
  3. Worcester v. GeorgiaSupreme Court of the United States · 1832
  4. Equal Employment Opportunity Commission v. Arabian American Oil Co.Supreme Court of the United States · 1991
  5. Espinoza v. Farah Manufacturing Co.Supreme Court of the United States · 1973

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3Cited by7 opinions

  1. Clancy v. Bay Area BankCourt of Appeals for the Ninth Circuit · 1998
  2. John Doe, a Minor, by His Mother and Next Friend, Jane Doe, and Josephine Helelani Pauahi Rabago, Intervenor, Kamehameha Schools/bernice Pauahi Bishop Estate Constance H. Lau, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, J. Douglasing, in Their Capacities as Trustees of the Kamehameha Schools/bernice Pauahi Bishop EstateCourt of Appeals for the Ninth Circuit · 2006
  3. Equal Employment Opportunity Commission v. Peabody Western Coal Co.Court of Appeals for the Ninth Circuit · 2014
  4. 77 Fair empl.prac.cas. (Bna) 1312, 74 Empl. Prac. Dec. P 45,500, 98 Daily Journal D.A.R. 9905 Harold Dawavendewa, a Single Man v. Salt River Project Agricultural Improvement and Power District, an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1998
  5. Doe Ex Rel. Doe v. Kamehameha SchoolsCourt of Appeals for the Ninth Circuit · 2006

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