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E.E.O.C. v. PEABODY WESTERN COAL CO.

No. 02-17305.

400 F.3d 774 (2005)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. PEABODY WESTERN COAL COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 13, 2004.

Resubmitted March 3, 2005.

Filed March 10, 2005.

Attorney(s) appearing for the Case

Benjamin N. Gutman (Argued), EEOC, Washington, D.C., Ralph E. Chamness, Katherine Kruse, EEOC, Phoenix, AZ, for the plaintiff-appellant.

Lawrence Jay Rosenfeld, Mary E. Bruno, John F. Lomax, Jr., Greenberg Traurig, Phoenix, AZ, for the defendant-appellee.

Before HUG, ALARCON, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") filed this action against Peabody Western Coal Company ("Peabody") for maintaining a Navajo hiring preference at the mines that Peabody leases from the Navajo Nation. The EEOC alleges that Peabody has discriminated against non-Navajo Native Americans, including two members of the Hopi Nation and one member of the Otoe tribe, in violation of Title VII, 42 U.S.C. § 2000e-2...

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