Navajo Nation Tribal Council needs to take action to protect civil rights 

I have been a plaintiff in the federal district court to address corporate discrimination for many years. This has been a long-term litigation without much concern, assistance, and  recognition by our current Navajo officials.  

After nearly 12 years of employment with a large corporation on the reservation, I was terminated in July 2001. One of the reason for my termination was for filing  “unfound claims of harassment and discrimination…”. However, according to the corporation’s own admission during litigation and trial my complaints were found to be true and bona fide.

The Navajo Nation officials are currently in possession of many solid and irrefutable evidences of the following: 1) “e2” schedule framing, 2) bogus “high pH” charges, 3) 1992 ambient temperature documents [about one hundred documents that support discrimination], 4) “O&M SPC3” pay scale discrimination, 5) and documents that support perjury and false statements under oath.

Our officials have enough solid evidences to initiate on action that will support our civil rights. 

My case has come on a closure on 02/10/06 with unjust verdict that was in favor of the company. This case signifies the following: 1)  jury cover up of serial wrongdoing, 2) the federal justice system does not work on our behalf with egregious cases, 3) and the unjust verdict has resulted in the most devastating blow to our civil rights in modern times.

The mentioned verdict has just dissolved the civil rights laws that supposed to protect the victim of discrimination. Tragically, my case has arisen out of tribal land and within jurisdiction of the Navajo government. Also, the tribal lease agreement with the corporation does not explicitly  prohibit   Navajo government from addressing discrimination claim. 

The verdict now makes it legal for an employer to fire anyone who brings up workplace discrimination in the future. 

This may be the most egregious employment discrimination case in the country, Navajo council can now rightfully justify immediate  legislation that will preserve our civil rights.

The public have already spoken in this regards. On March 2002 the Teec Nos Pos chapter passed a resolution directing the tribal government to take corrective action. In April 2002, the Shiprock Agency council voted unanimously in passing a resolution to address violations of federal statutes. I request the Navajo Nation council to do likewise and   make a strong statement and pass a resolution by voting unanimously (added emphasis to unanimous).        

Our government has the power to take immediate action and make a request for a Congressional probe that will eventually overturn a similar verdict in the future. Furthermore, Congress and the Navajo officials are not naïve as they are already in possession of the same documents.   

The alarming amount of 1992 discrimination documentation were of no legal value during the trial but Congress has the power to make it matter now and redress for the flawed legal laws that fails to address 10 year duration of discrimination. Summarily, race discrimination in the workplace since 1992 easily defeats the company’s weak claims of  “3 years” of  my complaining of discrimination.  

How much more evidences and civil rights violations do any government need before leaders can take any actions to overturn a flawed verdict that makes framing and discrimination legal against us?

Sincerely,

Franklin Adakai

Order on Summary Judgement <-------Click here for PDF!

My personal thoughts:

When I first met Mr. Adakai, I thought to myself, "Wow! This guy takes his training and work to a level of sheer intensity and passion."

 When I called my wife that evening, I told her about meeting Franklin and noted my observation. I admitted that I wish I had the same energy as Franklin towards my profession. As I got to know Franklin throughout the training, he shared with me his struggles. After being dismissed by the Salt River Project (SRP), owner and operator of the Navajo Generating Station, in 2001, he went without a job until this year (2006).

I asked what he had done for that period of time knowing full well the scant opportunities on the Navajo Indian Reservation. I was not surprised with his response because I know what it is like living on the Navajo Indian Reservation with no opportunities or incentives. Let me just say he got by.

His case deserves some attention from Indian country as our own leaders and representatives normally do not follow what is right and just. If Mr. Adakai wins this case, it will send a message to corporations and tribal governments that civil rights do apply on the reservations and that Natives have the same rights just like the rest of the citizens in the United States.

It saddens me that the Navajo Nation, despite its size and influence, is not assisting Mr. Adakai with his case. The Navajo Nation needs to exercise its sovereignty and not make deals with 'foreign' corporations that only want to cheat and pay unfair prices for the its human and natural  resources.

Support Mr. Adakai's determination to get his case appealed with a just verdict. Write to your congressional representative, tribal leader or council member, and any official that may have influence to have this case heard in Congress. A congressional act to give Indian country the right to enforce civil rights and the right to fair market prices for its resources from non-Native entities that want to do business on tribal trust lands in Indian country.