Arthur Perkins v. Lake County Department of Utilities

Arthur Perkins (plaintiff) worked for the Lake County Department of Utilities (department) (defendant). Perkins sued the department in federal court, alleging that the department violated Title VII of the Civil Rights Act of 1964 by discriminating against Perkins in the workplace based on Perkins’s status as an American Indian. Specifically, Perkins alleged that he was subjected to derogatory racial comments, not permitted to work overtime, and denied promotions for which he was qualified. The department moved for summary judgment, arguing in part that Perkins was not an American Indian and consequently could not claim protection under Title VII. The department presented evidence that Perkins’s family ancestry, as traced through government records, showed that he was White, not American Indian. Additionally, neither Perkins nor his close family members were enrolled as members of the Cherokee Nation, the tribe with which Perkins claimed affiliation. However, Perkins submitted affidavits from family members affirming that the Perkins family claimed American Indian heritage. He also presented evidence from a social worker from the North American Indian Cultural Center, who stated that Perkins’s facial structure and complexion supported that he was an American Indian. Also, it was undisputed that regardless of Perkins’s ancestry, he represented himself as an American Indian throughout his employment with the department and that, until the suit was filed, the department treated that representation as accurate. The court considered the evidence to determine whether to grant the department’s motion for summary judgment.