7/29/20
Does Title VII apply? • Answer: It depends … • Ownership • Tribe – probably not
• Tribal Entity – Depends – Structure/organization/purpose • Non-Tribal owned corporation operating on/near reservation - Depends • Factual considerations
• Generalized exceptions • Application of other law
• EEOC/Tribal MOU: Effort to address discrimination Case Processing • Jurisdictional Considerations • Training, Assistance and Reporting • Opportunity for tribes/Tribal TERO to resolve issues
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Americans with Disabilities Act of 1990 • Elimination of discrimination against individuals with disabilities • National mandate with enforceable standards • Federal enforcement • Congressional authority – including 14 th amendment and to regulate commerce to address discrimination • Note: Disability is a specifically defined term
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