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In response to
"Small Indian reservation near seattle fires all non tribal employees for being white Q: do federal civil rights apply to soveriegn indian land? -- nm"
by
zeitgeist
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It appears not - as it applies to discrimination...
Posted by
MojaveMeg (aka Mojave)
Jun 18 '11, 17:51
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Question: "Can I Sue the Tribe for Employment Discrimination?"
Answer: Probably not. Both Title VII[35] and the Americans with Disabilities Act (ADA)[36] expressly exclude Indian tribes.[37] Similarly, the Age Discrimination in Employment Act (ADEA)[38] has been held inapplicable to tribal employers.[39] Tribes are also immune from suit under 42 U.S.C. 1983.[40] Likewise, state discrimination laws do not apply to tribal employers.[41]
Tribally-owned entities are generally not subject to state and federal discrimination laws either.[42] Tribal officials are also immune from suit arising from alleged discriminatory behavior, so long as they acted within the scope of their authority.[43] In short, any employment suit against a tribe or its officials based upon federal or state discrimination law will likely be dismissed for lack of subject matter jurisdiction.
Indian tribes have become one of the nation's largest employers. As a result, non-Indians' employment records and documents concerning tribal employment practices are increasingly becoming the focus of discovery, even in litigation against non-tribal entities. If the employee is a party, his or her employment records are discoverable if they are in the employee's custody or control. However, if the tribe is immune from suit, a court cannot subpoena a tribe to produce the employee's records.[44] By the same token, a court cannot compel a tribe � or DOI or BIA[45] � to provide documents about the tribe's employment practices, i.e., matters "internal" to the tribe.
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