3/25/19
More Examples Americans with Disabilities ◦ Title I - Equal employment opportunities – excludes tribal corporations ◦ Title II – Equal opportunity to benefit from programs – no mention of tribes – sovereign immunity may apply ◦ Title III – Public accommodations and commercial facilities – prohibit exclusion, segregation or unequal treatment ◦ Can apply to public accommodations run by tribe (case law)
More Examples Fair Labor Standards Act – silent National Labor Relations Act – no express applicability or exemption for tribes ◦Has been applied to tribal gaming operations since about 2002 ◦Courts analysis – no treaty rights involved and not an issue of self-governance ◦Tribal Labor Sovereignty Act – attempt to exempt tribes from NLRA – was not enacted
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