11/29/22
Does Title VII apply? • Answer: It depends … • Ownership • Tribe – probably not
• Tribal Entity – Depends – Structure/organization/purpose • Non-Tribal owned corporation operating on/near reservation - Depends • Factual considerations
• Generalized exceptions • Application of other law
• EEOC/Tribal MOU: Effort to address discrimination Case Processing • Jurisdictional Considerations • Training, Assistance and Reporting • Opportunity for tribes/Tribal TERO to resolve issues
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Age Discrimination in Employment Act • Prohibits discrimination based on age • Applies to employees and applicants for employment over 40 years old • Liability may be avoided if employer can show a bona fide occupational qualification requiring an employee to be younger • Silent on applicability to Tribes
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