Malabed v. North Slope Borough
Alaska Supreme Court
70 P.3d 416 (2003)

- Written by Deanna Curl, JD
Facts
After an economic study showed that Native Americans were underemployed and earning less per capita than other residents, the North Slope Borough (defendant) enacted an employment ordinance that mandated employment preferences for Native Americans in borough government employment. Under the ordinance, any person belonging to an Indian tribe recognized by federal law was given preference for hiring, promotion, transfer, and reinstatement if the applicant met minimum job qualifications or would meet most minimum qualifications following a probationary period. Malabed (plaintiff) filed suit alleging that the ordinance used prohibited racial or ethnic classifications in violation of the equal-protection clause of the Alaska Constitution.
Rule of Law
Issue
Holding and Reasoning (Bryner, J.)
Concurrence (Matthews, J.)
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