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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Morton v. Mancari
Citation:
417 U.S. 535 (1974)Facts
The Indian Reorganization Act of 1934 established a preference for qualified Indians in BIA employment. In 1972, the Commissioner of Indian Affairs extended this preference to include promotions within the BIA. Non-Indian employees of the BIA challenged this policy, claiming it constituted racial discrimination prohibited by the Equal Employment Opportunity Act of 1972 and violated the Due Process Clause of the Fifth Amendment. The policy was designed to increase Indian participation in their own governance and make the BIA more responsive to the needs of the tribes it served. The percentage of Indians employed in the Bureau had risen from 34% in 1934 to 57% in 1972 due to the preference policy.
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