Native American Law Watch – Fall 2016

View as PDF


  • The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend
    It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .” Whether the Age Discrimination in Employment Act (ADEA) applies to tribes, however, is less established. In Williams v. Poarch Band of Creek Indians, the United States Court of Appeals for the Eleventh Circuit recently held that, regardless of whether tribes can be held subject to the ADEA as a statute of general applicability, Congress did not waive tribal sovereign immunity under the Act. Thus, a plaintiff may not sue a tribe under the ADEA. Continue Reading