concluding that plaintiff employed as a GS-04 medical records technician who applied for a GS-11/12 social worker position, see Preston v. Schweiker, 555 F.Supp. 886, 888 (D. Alaska 1983), had standing to challenge the DOI's failure to apply Indian preference
How later courts described this case
- concluding that plaintiff employed as a GS-04 medical records technician who applied for a GS-11/12 social worker position, see Preston v. Schweiker, 555 F.Supp. 886, 888 (D. Alaska 1983), had standing to challenge the DOI's failure to apply Indian preference
- finding that the Secretary applied the general civil service standards to Native Americans without any consideration whatsoever of their unique background and experience
- recognizing that the personal injury requirement is satisfied “when challenged agency conduct allegedly renders a person unable to fairly compete for some benefit”
- holding that Office of Law Revision Counsel erred in omitting as obsolete phrase "without regard to civil-service laws" from codification of Indian Preference Act
Written by the judges who cited it.
The opinion
SNEED, Circuit Judge,
concurring:
I concur in Judge Reinhardt’s opinion. I write only to state that it is my understanding that the Secretary is not required under the Indian Preference Act to employ Indians not qualified to perform the duties the position in question entails. The nature of those duties, however, must be fixed in conformity with the true needs of the Indian Health Service, not those of an ideal health service that happens to serve Indians.