United States Ninth Circuit

In an action by the EEOC alleging that, in maintaining its employment preference for Navajo workers, defendant discriminated against non-Navajo Indians, including two members of the Hopi Nation and one member of the Otoe tribe, in violation of Title VII, summary judgment for defendant is reversed where: 1) the amended complaint filed by the EEOC after remand did not render it infeasible to join the Navajo Nation; 2) the Secretary of the Interior was a required party under Rule 19(a), and joining him was not feasible; 3) plaintiff could not bring a third-party damages claim against the Secretary under Fed. R. Civ. P. 14(a), and that EEOC's claim against defendant for damages must therefore be dismissed under Rule 19(b); and 4) plaintiff could bring a third-party claim against the Secretary for prospective relief under Rule 14(a), and therefore EEOC's injunctive claim against defendant should be allowed to proceed.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

Court

• United States Ninth Circuit

Counsel