11/29/22
Title VII of the Civil Rights Act of 1964
• Prohibits discrimination due to race, color, religion, gender or national origin • Applies to employers with 15+ employees for each working day in 20+ calendar weeks • Excludes US, US owned corporations and Indian Tribes • Exemption does not extend to enterprises with mixed ownership (Tribe and non-native owner) • Myrick v. Devils Lake Sioux Manufacturing Corp., 718 F. Supp. 753 (D.N.D.1989)
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What about an entity of the Tribe?? • McCoy v. Salish Kootenai College , D.C. No. 9:17-cv-00088-DL (Nov. 20, 2019) (unpublished) • Plaintiff resigned his position and claimed he was forced to resign due to hostile work environment based on allegations of sex-based harassment • Defendant moved to dismiss arguing the they were an arm of the Tribe and excluded from the definition of employer under Title VII. • Lower court ruled the Defendant was immune under Sovereign Immunity as an arm of the Tribe and exempted from the definition of employer under Title VII • 9 th Circuit upheld lower court decision – Considered: • Method of creation of the economic entity • Purpose of the entity • Structure, ownership, and • Management, including the amount of tribal control • Tribal Intent re: Sovereign Immunity • Financial Relationship between the Tribe and entities
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