Legal Question in Employment Law in California

What are the rights of an employee who is being harassed by a supervisor while being employed through a native American tribe? Does the employee have rights under CA law or does everything have to go through the reservation since the tribe is a sovereign nation? Can he file a workers comp claim for stress?


Asked on 11/23/09, 2:24 pm

2 Answers from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Is this on the reservation or on California property? It is illegal in both places, but the recourse is different. Also, if you want the best chance for success, do not report it until you have PROOF, such as a witness, video, or something in writing. Good luck!

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Answered on 11/28/09, 6:53 pm
Terry A. Nelson Nelson & Lawless

"Harassed" means nothing, and is not illegal, unless the harassment is actually 'because of' your race, age, gender, religion, etc, as defined under the Civil Rights laws. If it is under the Civil Rights laws, and if it is happening on the reservation, then we would have to review the tribal charter and other documents to see if you have recourse to a suit under tribal, state or federal law. If not covered by tribal law, then state and federal courts have jurisdiction, as normal. If serious about pursuing actual illegal discrimination as described, and if this is in LA/OC SoCal area, and if you think you have proof and evidence of it, then feel free to contact me to discuss if in context of the charter and other relevant documents, which you need to obtain for that purpose.

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Answered on 11/30/09, 4:16 pm


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