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Robert Malabed v. North Slope Borough, Morris David Welch v. North Slope Borough, Charles Michael Emerson v. North Slope Borough

Citations: 335 F.3d 864; 2003 Cal. Daily Op. Serv. 5951; 2003 U.S. App. LEXIS 13602; 84 Empl. Prac. Dec. (CCH) 41,537; 92 Fair Empl. Prac. Cas. (BNA) 342Docket: 99-35684, 99-35750, 99-35773

Court: Court of Appeals for the Ninth Circuit; July 8, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, the North Slope Borough challenged a district court's injunction against enforcing an ordinance that provided employment preferences to Native Americans, claiming it discriminated based on race, national origin, and political affiliation. The plaintiffs, non-Native American individuals, alleged that the ordinance denied them employment opportunities, thus violating the Alaska Constitution's equal protection clause. The Ninth Circuit certified a critical question to the Alaska Supreme Court regarding the ordinance's legality under state law. The Alaska Supreme Court determined that the ordinance violated the equal protection guarantee due to the absence of a legitimate governmental interest. Consequently, the ordinance was invalidated, and any federal constitutional claims became unnecessary to address. The appellate court found that Title VII of the Civil Rights Act of 1964 does not preempt state anti-discrimination laws, as it does not explicitly mandate or incentivize employment preferences for Native Americans. The court emphasized the importance of resolving cases on state grounds and recognized that federal preemption analysis requires clear congressional intent, which was not evident in this context. The decision affirmed the district court's ruling, maintaining the status quo of the Alaska Constitution's equal protection clause.

Legal Issues Addressed

Certification of Legal Questions to State Supreme Court

Application: The appellate court certified a question regarding the ordinance's legality under Alaska law to the Alaska Supreme Court, which provided a determinative ruling on the equal protection issue.

Reasoning: Recognizing a potential determinative question regarding the Ordinance's legality under Alaska law, the appellate court certified a question to the Alaska Supreme Court regarding the permissibility of employment preferences for Native Americans.

Equal Protection under the Alaska Constitution

Application: The ordinance was found to violate the Alaska Constitution's equal protection clause as it discriminates based on national origin without a legitimate governmental interest.

Reasoning: The Alaska Supreme Court ruled that the hiring preference violated the Alaska Constitution's equal protection guarantee due to the lack of a legitimate governmental interest and insufficient tailoring to meet its goals.

Federal Preemption under Title VII of the Civil Rights Act of 1964

Application: The court determined that Title VII of the Civil Rights Act does not preempt state laws prohibiting employment discrimination, including the Alaska Constitution's equal protection clause.

Reasoning: The Borough argued that Section 703(i) of the Civil Rights Act of 1964 preempted state laws prohibiting discrimination in favor of Native Americans... The court found no preemption of state law under Title VII, emphasizing that any doubts about congressional intent should favor non-preemption.

Interpretation of Section 703(i) of the Civil Rights Act

Application: Section 703(i) does not mandate or incentivize employment preferences for Native Americans, merely exempting such preferences from Title VII's prohibitions.

Reasoning: The principle that statutes benefiting Indian tribes should be liberally construed does not apply here, as there are no ambiguities in 703(i) that would require such interpretation.

Non-Preemption of State Anti-Discrimination Laws

Application: The court concluded that Congress did not intend to preempt state anti-discrimination laws concerning Native American employment preferences.

Reasoning: Ultimately, the court concludes that Congress did not express a clear intent to preempt state anti-discrimination laws concerning Native American employment preferences, and thus, such state laws remain valid.