NEEDED TO HELP THE CASE. JUST DAYS BEFORE IT WAS DUE FROM INTERVIEWS TO HIRING AND PROMOTIONS. THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FILING A SECOND ACTION IN FEDERAL COURT, ENFORCING A THIRD SUBPOENA FOR ITS INVESTIGATION INTO CLAIMS OF DISCRIMINATORY PRACTICES AGAINST NATIVE AMERICANS WITHIN THE GALLUP MCKINLEY COUNTY SCHOOLS DISTRICT. THE EEOC WANTS TO TALK TO EMPLOYEES OF THE SCHOOL DISTRICT. THEY SAY IT’S AN IMPORTANT PART OF THEIR INVESTIGATION INTO WHETHER THE SCHOOL DISTRICT DISCRIMINATED AGAINST NATIVE AMERICAN EMPLOYEES. THE DISTRICT NOW UNDER FIRE FOR NOT COMPLYING WITH COURT ORDERS. THIS IS A BATTLE BETWEEN THE SCHOOL DISTRICT AND THE EEOC. KOAT LEGAL EXPERT JOHN DAY WEIGHS IN. THE SCHOOL DISTRICT HAS PUSHED BACK, SAYING, WE ARE NOT GOING TO COMPLY. WE’RE NOT GOING TO LET OUR PEOPLE TALK TO YOU. SO IT’S GOING TO BE UP TO A FEDERAL JUDGE TO SAY WHETHER OR NOT THE EEOC HAS THE POWER AND CAN MAKE THESE EMPLOYEES TALK TO THEM. AND SIT FOR DEPOSITIONS. EEOC CHAIR ANDRE LUCAS FILING A COMPLAINT AGAINST THE DISTRICT IN AUGUST 2024. LUCAS ALLEGING SUCH BEHAVIOR MAY VIOLATE THE CIVIL RIGHTS ACT. A YEAR LATER, THE DISTRICT FILING A FEDERAL LAWSUIT AGAINST LUCAS CLASSIFYING THE ONGOING INVESTIGATION AS UNLAWFUL, CONSTITUTIONALLY DEFICIENT, AND, QUOTE, ROYALE CITE THE AGENCY’S STATUTORY AUTHORITY. THE EEOC ALSO WANTS RECORDS FROM THE SCHOOL DISTRICT. THE SCHOOL DISTRICT BASICALLY SAYS, WE DON’T CARE WHAT YOU WANT. WE ARE NOT GOING TO HELP YOU WITH YOUR INVESTIGATION. THE EEOC STATING TWO DAYS BEFORE INFORMATION WAS DUE, THE DISTRICT REFUSED TO PRODUCE IT. HOWEVER, THEY BELIEVE THE DATA WILL HELP SHED LIGHT ON THE ALLEGATIONS. THE EEOC IS PUSHING BACK. THEY’RE SAYING THIS IS OUR JOB. WE HAVE AN OBLIGATION UNDER FEDERAL LAW TO INVESTIGATE THE
Allegations of discrimination against Native Americans in Gallup-McKinley County Schools
The EEOC filed subpoena enforcement action against Gallup-Mckinley County Schools after allegations of refusal to comply with its investigation
On Thursday, April 30, 2026, the U.S. Equal Employment Opportunity Commission filed a second action in federal court to enforce a third subpoena for its investigation into allegations against Gallup-Mckinley County Schools over alleged discriminatory practices against Native American employees and applicants. MORE: Gallup-Mckinley sues federal commission over discriminatory hiring investigationAlleged Discriminatory Employment Actions include failure to:PromoteHireInterviewClassify Native Americans for positions as classroom teachers, administrators and principals. View EEOC Court Documents against GMCS:Court Document 1Court Document 2On Friday, May 1, 2026, KOAT legal expert John Day weighed in on legalities of the suit and the allegations against Gallup-McKinley County Schools, stating, “This is a battle between the school district and the EEOC. The EEOC wants to talk to employees of the school district. They say it’s an important part of their investigation into whether the school district discriminated against Native American employees.””The school district has pushed back, saying, we are not going to comply. We’re not going to let our people talk to you. So, it’s going to be up to a federal judge to say whether or not the EEOC has the power and can make these employees talk to them and sit for depositions,” Day said.On Friday, KOAT also reached out GMCS regarding EEOC’s subpoena action and a spokesperson who serves as communications liaison for the district sent the following on what they call “a fact sheet” regarding the allegations:Gallup-McKinley County Schools “Fact Sheet”However, due to ongoing litigation, the spokesperson told KOAT the district is limited in what it can discuss beyond what is included in the attached materials. BackgroundAccording to EEOC, Chair Andrea Lucas filed a Commissioner’s charge against GMCS in August 2024, which is comprised of multiple schools in Gallup and other parts of McKinley County, New Mexico, alleging that GMCS engaged in a pattern or practice of discrimination against Native American job applicants and current employees. According to Lucas, this particular conduct may violate Title VII of the Civil Rights Act of 1964.The EEOC requested GMCS to submit five years of employment records for its investigation. According to court documents, the request includes contact information, application dates, position titles, ethnicities and employee names. According to EEOC, GMCS refused to produce the information two days before it was due. On August 8, 2025, the Board of Education for GMCS filed a federal lawsuit challenging EEOC’s ongoing investigation as “unlawful, constitutionally deficient, and far outside the agency’s statutory authority.” According to GMCS, the lawsuit is in response to the EEOC’s “escalating legal pressure, including its recently announced second subpoena enforcement action. GMCS states, “The School District’s position is clear: additional subpoenas can’t substitute for a lawful foundation — and the EEOC has none here.” On Friday, KOAT also reached out to Andrew M. Sanchez. He is the attorney for GMCS. However, we haven’t heard back from Sanchez at time of airing. Stay updated on the latest news with the KOAT app. Download here
On Thursday, April 30, 2026, the U.S. Equal Employment Opportunity Commission filed a second action in federal court to enforce a third subpoena for its investigation into allegations against Gallup-Mckinley County Schools over alleged discriminatory practices against Native American employees and applicants.
MORE: Gallup-Mckinley sues federal commission over discriminatory hiring investigation
Alleged Discriminatory Employment Actions include failure to:
- Promote
- Hire
- Interview
- Classify Native Americans for positions as classroom teachers, administrators and principals.
View EEOC Court Documents against GMCS:
On Friday, May 1, 2026, KOAT legal expert John Day weighed in on legalities of the suit and the allegations against Gallup-McKinley County Schools, stating, “This is a battle between the school district and the EEOC. The EEOC wants to talk to employees of the school district. They say it’s an important part of their investigation into whether the school district discriminated against Native American employees.”
“The school district has pushed back, saying, we are not going to comply. We’re not going to let our people talk to you. So, it’s going to be up to a federal judge to say whether or not the EEOC has the power and can make these employees talk to them and sit for depositions,” Day said.
On Friday, KOAT also reached out GMCS regarding EEOC’s subpoena action and a spokesperson who serves as communications liaison for the district sent the following on what they call “a fact sheet” regarding the allegations:
Gallup-McKinley County Schools “Fact Sheet”
However, due to ongoing litigation, the spokesperson told KOAT the district is limited in what it can discuss beyond what is included in the attached materials.
Background
According to EEOC, Chair Andrea Lucas filed a Commissioner’s charge against GMCS in August 2024, which is comprised of multiple schools in Gallup and other parts of McKinley County, New Mexico, alleging that GMCS engaged in a pattern or practice of discrimination against Native American job applicants and current employees. According to Lucas, this particular conduct may violate Title VII of the Civil Rights Act of 1964.
The EEOC requested GMCS to submit five years of employment records for its investigation. According to court documents, the request includes contact information, application dates, position titles, ethnicities and employee names. According to EEOC, GMCS refused to produce the information two days before it was due.
On August 8, 2025, the Board of Education for GMCS filed a federal lawsuit challenging EEOC’s ongoing investigation as “unlawful, constitutionally deficient, and far outside the agency’s statutory authority.”
According to GMCS, the lawsuit is in response to the EEOC’s “escalating legal pressure, including its recently announced second subpoena enforcement action. GMCS states, “The School District’s position is clear: additional subpoenas can’t substitute for a lawful foundation — and the EEOC has none here.”
On Friday, KOAT also reached out to Andrew M. Sanchez. He is the attorney for GMCS. However, we haven’t heard back from Sanchez at time of airing.
Stay updated on the latest news with the KOAT app. Download here
