11/10/22
Examples Title VII Civil Rights Act of 1964: excludes US and Tribal owned corporations • Hiring preference on or near reservation permitted but cannot have preference of one tribe over another - (case specific – ownership of the corporation was not tribal) • Tribal Hiring preference – entities owned by tribe – permissible Age Discrimination in Employment: law is silent • Applies in capacity as proprietor when claimant is not a tribal member (case law) Fair Labor Standards Act: law is silent
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More Examples National Labor Relations Act: law is silent • Has been applied to tribal gaming operations since about 2002 • Protects “ protected concerted activity” – employees working to improve conditions • No exceptions apply: • No treaty rights involved • Not an issue of self-governance • No clear Congressional intent that law shouldn’t apply • Although revenue from facility are used to fund essential governmental functions – law held applicable • Word of caution: “protected concerted activity” interpreted very broadly
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