9/17/18
Exceptions to the General Rule Exclusive rights of self-governance; purely intramural matters Application of the law abrogates treaty rights Proof that Congress intended the law would not apply to tribes ◦ Donovan v. Coeur d’ Alene Tribal Farms , 751 F.2d 1113 (9 th Cir. 1985)
Examples Title VII of Civil Rights Act of 1964 – specifically excludes corporations owned by US and Tribes ◦Indian Preference in Hiring on or near reservation – permitted but cannot have preference for members of a particular tribe over another (case law) Age Discrimination In Employment – silent ◦Applies in capacity as proprietor when claimant is not a tribal member (case law)
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