Contract Qualification for TEROs

Revised April 2023

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
CONTRACT QUALIFICATION CRITERIA
TRIBAL EMPLOYMENT RIGHTS OFFICE PROGRAM

1. Pursuant to its mission to eliminate unlawful employment discrimination, the Equal Employment Opportunity Commission (EEOC) will fund a program for Tribes with Tribal Employment Rights Offices (TEROs) to maximize employment opportunities and to protect the Title VII of the Civil Rights Act of 1964 (Title VII), Pregnant Workers Fairness Act (PWFA-effective June 27, 2023), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and the Equal Pay Act (EPA) and special preference rights of Native Americans and Alaska Natives. Funds provided by the EEOC under contract with each TERO will support the objectives and requirements of the TERO Program to identify, remedy, and eliminate unlawful employment discrimination occurring on or near the reservation/tribal lands.
2. Eligibility for funding will be conditioned on the following criteria:
   1. In order to be considered for initial and continued funding by EEOC, a tribe must:
      1. be land-based and federally registered with sovereign jurisdiction over a geographically described reservation/tribal lands;
      2. have an enforceable ordinance passed by the tribal council which prescribes an individual employment discrimination complaint process and an employer’s responsibility under Indian preference on the reservation/tribal lands;
      3. have established a Tribal Employment Rights Office which currently has a director on board;
      4. have the financial capability to administer government funds;
      5. augment contract funds with necessary fiscal, in-kind and personnel support to assure performance as required under the EEOC contract; and
      6. accept contract funds without withholding indirect costs.
   2. The TERO must have met the following criteria during the previous contract period to be considered for continued funding:
      1. processed complaints of employment discrimination under tribal ordinance;
      2. secured new and/or renewed Indian preference agreements from on-reservation employers or employers operating within commuting distance of the reservation/tribal lands;
      3. made job referrals to employers on or near the reservation/tribal lands;
      4. conducted on-site inspections of employers operating on the reservation/tribal lands;
      5. performed reservation/tribe-wide information dissemination activities designed to increase awareness of Indian rights with respect to employment discrimination;
      6. utilized the EEOC’s Pre-Charge Inquiry Questionnaire Form on each individual with a potential employment discrimination complaint and forwarded a copy to the EEOC district office and/or assisted potential charging parties with using the EEOC’s Public Portal, as applicable;
      7. referred individuals to the EEOC for jurisdictional matters under the laws enforced by the EEOC; and
      8. submitted all required reports within the prescribed reporting schedules.