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Understanding when Federal Employments Laws May Apply
Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (2000) ¨ Prohibits discrimination on basis of age ¨ Employees/applicants protected if over 40 ¨ Liability may be avoided if employer can show bona fide occupational qualification requiring an employee to be younger
¨ Note: Silent on applicability to Indian tribes = may apply
Case law is MIXED! ¤ Applicability may turn on which Federal Circuit tribal employer is located in ¤ Answer may be subject to specific facts of case
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Understanding when Federal Employments Laws May Apply
Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (2000) (cont.) ¨ ADEA applies to the tribe “in its capacity as proprietor” of bingo facility, at least when claimant is not a tribal member ¤ EEOC v. Forest County Potawatomi Community , No. 2:2013mc00061 (E.D. Wis. 2014) ¨ ADEA does not apply when dispute: ¤ Involves treaty rights ( EEOC v. Cherokee Nation , 971 F.2d 937 (10 th Cir. 1989)) ¤ Involves intramural affairs n EEOC v. Fond du Lac Heavy Equipment and Construction Co. , 986 F.2d 246 (8 th Cir. 1993) ; EEOC v. Karuk Tribe Housing Authority , 260 F.3d 1071 (9 th Cir. 2001) ¨ ADEA applies, but tribe immune from suit under doctrine of Tribal sovereign immunity ( Williams v. Poarch Band of Creek Indians , 2016 BL 346383, 11th Cir., No. 15- 13552, 10/18/16 ).
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