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 a…
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