3/17/18
Federal Employment Laws that Don’t Apply (mostly…)
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e – 2000e-17 (2000); Executive Order 11246 ¨ 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, corporations owned by US or Indian Tribes Note: Tribal exemption does not extend to enterprises with mixed ownership (Tribe and non-Indian owner) Myrick v. Devils Lake Sioux Manufacturing Corp ., 718 F. Supp. 753 (D.N.D. 1989) ¨ Title VII expressly permits Indian preference in hiring for employers on or near reservations Note: No preference for members of a particular tribe over other tribes. Dawavendewa v. Salt River Project Agricultural Improvement Power Dist ., 154 Fed.3d 117 (9 th Cir. 1998); see also Dawavendewa v. Salt River Project , 276 F.3d 1150 (9 th Cir 2001)
Federal Employment Laws that Don’t Apply (mostly…)
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq . ¨ National mandate with enforceable standards for elimination of discrimination against individuals with disabilities ¨ Seeks to ensure that individuals with disabilities will be treated as equals and afforded the ability to compete in the workplace ¨ Federal enforcement ¨ “Disability” – ¤ A physical or mental impairment ¤ that substantially limits one or more major life activities; ¤ A record of such an impairment; or ¤ Employee is regarded as having such an impairment
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