When used in this Act:
“Arrest record” includes, but is not limited to, information indicating that an individual has been apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.
“Certified business” means a firm or business certified by the Commission or other recognized Tribal commission as eligible for Indian preference in contracting or subcontracting; provided, that Indians hold at least fifty-one (51) percent ownership interest in such firm or business and exercise majority management control.
“Commission” means the Tribal Employment Rights Commission established under this Act (“TERO Commission”).
“Conviction record” includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority. It shall not be employment discrimination based on conviction record to preclude certain Tribal employment positions from being filled by persons with certain criminal convictions pursuant to applicable Tribal or federal law.
“Council” means the Tribal Council of the Karuk Tribe.
“Creed” means a system of religious beliefs, including moral or ethical beliefs about right and wrong, which are sincerely held with the strength of traditional religious views.
“Days” will mean calendar days unless specified as business days. In general, periods of ten (10) days or less will be business days, and periods of eleven (11) or more days will be calendar days.
“Discrimination” has the meaning indicated in Article IV of this chapter. Discrimination does not include preference based on membership in the Tribe, family relationship with a member of the Tribe or membership in another federally recognized tribe.
“Employee” means any individual person working for or on behalf of the Karuk Tribe or its affiliated Tribal entities, or for non-Tribal businesses or persons, regardless of legal form, doing business with the Karuk Tribe or its affiliated Tribal entities, whether for monetary compensation or otherwise. The term “employee” shall not include any individual person who receives a 1099 for tax purposes. The term “employee” shall not include any individual person working on a volunteer basis.
“Employer” means the Karuk Tribe, its affiliated Tribal entities, including KTHA, KCDC, and the Karuk Casino; employer shall also include all non-Tribal businesses or persons, regardless of legal form, doing business with the Tribe or its affiliated Tribal entities. The term “employer” specifically includes contractors, subcontractors, and sole proprietors working for or on behalf of the Tribe or its affiliated Tribal entities.
“Enrolled Tribal descendant member” is an individual of Karuk descent who possesses less than one-eighth (1/8) degree of Karuk Indian blood.
“Indian” means an enrolled member of a federally recognized tribe; an enrolled member of a state recognized tribe.
“Indian firm” means an Indian-owned business certified by the tribe of origin of the owners of the business or firm.
“Indian preference” means the preference to which Tribal members, enrolled descendant Tribal members, Indians, or enterprises owned and controlled by Tribal members and/or Indians are entitled under this Act and under federal and state laws.
“Individual with a disability” means an individual who has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work; or has a record of such an impairment; or is perceived as having such an impairment.
“Labor organization” means an organization of workers in the same skilled occupation or related skilled occupation who act together to secure for all members favorable wages, hours, and other working conditions.
“License” means the whole or any part of any permit, certificate, approval, registration, charter or similar form of permission required by the Tribe for the undertaking, practice or continuation of any occupation or profession.
“Licensing agency” means any Tribal board, commission, committee, department, examining board, affiliated credentialing board or officer, except a judicial officer, authorized to grant, deny, renew, revoke, suspend, annul, withdraw or amend any license.
“Marital status” means the status of being married, single, divorced, separated or widowed.
“Person” means natural persons, either tribal member or nontribal member, corporations, tribal governments and their political subdivisions.
“Sexual harassment” means unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. “Sexual harassment” includes conduct directed by a person at another person of the same or opposite gender. “Unwelcome verbal or physical conduct of a sexual nature” includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that prevents an individual from effectively performing the duties of their position or creates an intimidating, hostile or offensive working environment, or when such conduct is made a condition of employment or compensation, either implicitly or explicitly.
“Sexual orientation” means having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.
“Spouse” means a party, widow, or widower to a marriage to a Tribal member recognized by any jurisdiction, including the Tribe, which must be shown by (1) a marriage certificate and (2) an affidavit from the Tribal member spouse (for current marriage) or death certificate of the Tribal member (for widowhood). It shall not include a party to a common law marriage to a Tribal member.
“TERO” means the Tribal Employment Rights Ordinance/Office.
“TERO fee” is a fee equal to two (2) percent of all contracts exceeding two thousand five hundred dollars ($2,500) assessed under the sovereign authority of the Karuk Tribe to raise revenues to support its essential governmental services and control economic activities within its jurisdiction.
“Threshold” means a level above which Indian preference will be required as established by the: (1) position description; (2) Application Review Committee; (3) Interview Committee; (4) skills testing; (5) request for proposal, notice of funds availability, and license requirements.
“Tribal Council” means the Karuk Tribe Tribal Council.
“Tribal government” means the Tribal Council, all offices and departments, governmental authorities, commissions, and all boards, instrumentalities, and other entities established by the Tribal Council.
“Tribal lands” consist of the Karuk Tribe’s Aboriginal Territory, service areas, and all lands subsequently and hereafter acquired by and for the Tribe, whether within or outside of the Tribe’s Aboriginal Territory.
“Tribal member” means an enrolled member of the Karuk Tribe as authorized by the Karuk Tribe’s Enrollment Department in accordance with the Karuk Constitution and Chapter 2.05 KTC, Enrollment.
“Tribal preference” is the Karuk Tribe’s sovereign right to exercise preference in hiring Karuk Tribal members, Karuk enrolled descendent Tribal members, spouses and parents of Karuk Tribal members, and other Indians, based on funding requirements, before non-Indians when they meet the threshold for the position.
“Tribal Skills Bank” means the compilation of information on Tribal members, enrolled descendant Tribal member of a Tribal member, Tribal member spouse and other Indians who may be eligible for employment consideration by an employer to be established and maintained by the TERO Office.
“Tribe” and “Tribal” mean the Karuk Tribe unless otherwise stated.
“WPA” means the Workforce Protection Act of 2014.