Definitions

Incorporation by reference means the equal employment opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading.

An Independent Contractor is a person or a business that follows an independent trade, business, or profession in which they provide goods or services to the public. The business contracting for their services must have the right to control or direct only the result of the work and not the means and methods of accomplishing the result. In other words, they contract for certain work to be done, but do not tell you when, where or how to do the work.

The term independent contractor is often used interchangeably with the terms vendor, freelancer, and consultant.

Indian governing authority is the power of a sovereign to regulate its internal and social relations. E.g. Navajo Tribal Utility Authority. It includes the right to exercise powers; to implement and enforce laws; to exact obedience; to command and to judge.

An Indian Preference is the right of employer to grant preference to Indians living on or near an Indian reservation in connection with employment opportunity on or near an Indian reservation.

Indian Reservation as defined by the EEOC in reference to Section 703(1) of Title VII is as follows:

The term “Indian reservation” and “reservation” in Section 703(1) of Title VII include former Indian reservations in Oklahoma and land held by incorporated Native groups, regional corporations, and village corporations in Alaska under the provisions of the Alaska Native Claims Settlement Act.

On or near an Indian reservation is defined by the Department of the Interior regulations implementing the Indian preference provision of the Indian Self-Determination and Education Assistance Act, 25 U.S.C 450e(b). This definition is adopted by the EEOC and OFCCP for enforcement purposes. The definition is as follows:

On or near an Indian reservation means on a reservation or the distance within that area surrounding an Indian reservation(s) that a person seeing employment could reasonably be expected to commute to and from in the course of a work day.

Concerning the Distinction among Indians based on tribal membership, Title VII is silent on this issue but both the OFCCP and the Department of the Interior specifically prohibit consideration of tribal affiliation in according the preference permitted.