Native American Employment Act. discrimination

[northbayjoe]

Hi,
My wife applied and interviewed for a position at her casino and was denied employment. She is a member of the tribe, and they are supposed to honor the native American employment preference act. They said the person hired was willing to work more flexible hours, but only listed certain hours the job was in the interview. The person who was hired was a non native American as well. My wife's qualifications for the job were exceeding the requirements too. They also stated that she shouldn't of volunteered information about having children (as that was not allowed or something). My question is was she unfairly treated or discriminated in anyway?
thanks,


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[LawLover]

While it is true that your wife is preferred, it does not mean that the employer is mandated to hire her. It is only a preference.

[northbayjoe]

Native American peoples and their communities, employment preference in employment opportunities will be afforded suitably qualified Native Americans. This employment preference policy shall be construed to mean that an individual Native American who satisfies the minimum employment qualifications will be afforded preference over all other individuals, and that in situations where two or more Native Americans are being considered for employment opportunities, the more qualified individual will be afforded preference. It must be noted that there is a distinction between qualification and preference. Thus, this policy's application is the determining factor when two or more individuals have suitable job qualifications - the individual having preference standing shall be afforded the employment opportunity.