Legal Question in Discrimination Law in California
harrassment on the reservation where I work
As a non tribal member working on a res, do I have the same rights
as a tribal member? Why can a co-worker who is a tribal member
continue to make the workplace a hostile environment and harrass
me and not get in trouble?
I have complained to my supervisor and it went as far as meeting
with HR who told me to ''just ignore her.'' Bad advice.
This woman called me a ''whore'' among other things and my
supervsr wrote her up only to have our upper managmt ''sweep
this undr the rug'' and so this is not on her employment record. I am
very distressed. Everyday she continues to act unprofessional and
I know in any other job situation she would have at least been
suspended by now, if not fired. Isn't what's happening illegal? So
what would happen if I hired a lawyer? I like my job, but it's getting
harder to deal with this woman who gets away with everything. I
am not the first person she has done this to.
I think her father is the chief of the tribe, but it is my understanding
that the tribal council has hired the outside management so they
do not have any direct say on who gets hired/fired. She has also
threatened my job, by saying if she gets on council she'll get rid of
me.
3 Answers from Attorneys
Re: harrassment on the reservation where I work
The courts have ruled TITLE VII and other federal laws apply, and some state laws, at least in part, to your employment. The easiest way for you to proceed is, try to file a Charge of Sexual Discrimination/harassment with the EEOC and the CA Dept of Fair Eemployment and Housing. If either agree they have jurisdiction and accept your filing, you then can have an attorney represent you in your claim and lawsuit. As a courtesy, please contact me to advise what they say about jurisdiction, as I do employment litigation, but have not previously had or researched a tribal claim. If interested in pursing the case once a claim is filed, contact me to discuss your facts and expectations.
Re: harrassment on the reservation where I work
Please disregard the typo in my reply. It was Civil Rights Act of 1964, not 1974. But otherwise, the same.
Re: harrassment on the reservation where I work
Although I do work extensively in the employment discrimination arena, I have not encountered or considered a situation such as you describe with an indian tribe. But your question did intigue me so I did some research after I read it. There is something called the "Indian preference exemption" which severely limits the application of Title VII of the Civil Rights Act of 1974 to tribal employers on tribal land. See this article for further information: http://www.modrall.com/articles/article_33.html. Since the US BIA regulates most aspects of US relations with the tribes, I suspect California law has little application, either. The bottom line may well be then that you will have to find some way to work this out through the tribal council or their contractors, or find a way to appease this woman, or find new employment off the reservation. Perhaps some other California lawyers on here may know more about this than me and will chime in, but I don't see your situation as offering a lot of US legal remedy.
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