3/17/18
Federal Employment Laws that Don’t Apply (mostly…)
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq . ¨ Title I : Employment opportunities and requires reasonable accommodations to working conditions of disabled employees for employers ¨ Title II : State and local government - equal opportunity to benefit from programs, services and activities ¤ No mention of tribes but recognition of tribal sovereignty may exempt tribes ¨ Title III : Public accommodations and commercial facilities that prohibit exclusion, segregation or unequal treatment ¤ Caution : Can apply to public accommodations run by a tribe , but cannot be enforced by private person against tribe in non-Indian forum due to sovereign immunity. However compliance can be compelled by US Attorney General. Florida Paraplegic Assoc. v. Miccosukee Tribe of Indians of Florida , 166 F.3d 1126 (11th Cir. 1999)
Federal Employment Laws that Don’t Apply (mostly….)
Worker Adjustments and Retraining Notification Act (WARN Act) of 1988 ¨ Requires employers with 100+ employees to give workforce and local governments 60-day notice of plant closings or mass layoffs ¨ Like Title VII and Title I and Title II of ADA, Indian tribes are exempt from the definition of “employer”
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