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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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Case Law • ADEA applies in “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) • Tribe enjoys sovereign immunity from ADEA • Williams v. Poarch Band of Creek Indians, No. 15-13552 (11th Cir, October 18, 2016) • ADEA may not be applicable - generalized exceptions • Intramural matters • EEOC v. Cherokee Nation , 971 F.2d 937 (10th Cir. 1989) • Treaty rights • EEOC v. Karuk Tribe Housing Authority, 260 F.3d 1071 (9 th Cir. 2001)
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