On November 6, 2009, a federal judge ruled that Chugach Government Services, an Alaska Native Corporation (ANC), could be sued for alleged violations of the Family and Medical Leave Act and the Americans with Disabilities Act. The court ruled that the corporation was exempt from Title VII of the Civil Rights Act, but not other laws unless specifically exempted. The ruling affects all tribal businesses, as they were mentioned in the case, and the same laws apply to them as Alaska Native Corporations.
It is noteworthy that in the opinion, the judge clearly indicates that he does not see that the laws which protest internal tribal sovereignty should extend to business activities run by tribes. The opinion mentions the number of non-native people working for these enterprises and that it was not the intent of Congress that they should lose protections because they work for a tribe.
Taking this case, along with others decided over the past decade, there appears to be a trend that courts are seeking ways to infringe on tribal sovereignty when it comes to employment disputes that stem from tribal or ANC business activities.
Click here for a copy of the full opinion.
I don't think it is the "Courts" infringing on tribal sovereignty. Native people and non native people who work for tribal businesses need the to have an other way to seek protection when their right have been violated. Tribal court is no reliable at all.
ReplyDeleteThis is absolutely an infringement on Tribal Sovereignty. This is where money should be spent to push an issue up to the Supreme Court, not on stupid complaints against the Washington Redskins.
ReplyDeleteThe problem is that the preponderance of the federal judges are liberal activists sold on socialism and are vested in promoting that ideology at the expense of the treaties and the laws of the land. Individual Tribes must make the argument that laws of the United States, if they are to alter treaty provisions, must be specific to specific treaties. Too many Tribes give up when a Federal judge makes such sweeping edicts, which the Constitution gives him no such right to do. This is the front for real warriors.
Nice Blog!Eco friendly lighting
ReplyDeleteThis trend will continue as the # of non native people working for Tribal owned companies increases. It is difficult to balance the sovereign rights of tribes against the civil rights of employees.We need to be carefull in Indian country mot to push this too far as a legislative fix is always possible.
ReplyDeleteThis will continue as decendants without ability to show blood quantum are denied their heritage by the Tribes. Greed has made the people deny their brothers to keep all their pie. But by being more concerned for material gain than bloodlines Spirituality there are fewer and fewer registered Native Americans and the voices becoming smaller and smaller to defend the land, the outcome will be that percentage wise there is no logic for so few to be in control of so vast an area. When it becomes obvious that each generations losing more members because the way Native American ethenticity is proven is by "blood quantum"and it weakens with every passing generation! And the Greedy ones so afraid of sharing the new found material wealth will put an end to all the peoples land and then the Casinos will be auctioned off too! Strength is in the numbers. Many of us have more Native American blood than the "recognised" people but we are considered "wanna be's" and scorned. Is that to be scorned to want to join your heritage that your ancestors gave up of necessity? No! We are aware and we can be a strength if the Native American Nations will come together and counsel and realize where they are going with this path they are on, worry about the people continuing on the land not the Casino! It is like being a monkey with its hand in the trap it wont let go and free its own self. A new way must be found.
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