Today the INSIDER EXCLUSIVE “Goes Behind The Headlines” in CIVIL RIGHTS DISCRIMINATION – STEPHANIE MASTRO’S STORY to examine how Benjamin Yormak, @ Founder & Mgr Ptr, Yormak Employment & Disability Law is seeking justice for Stephanie Mastro’s Equal Opportunity Rights in a classic Whistleblower/Retaliation story.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees on the basis of race, color, religion, sex, and national origin (including membership in a Native American tribe). It also prohibits employers from retaliating against an applicant or employee who asserts his or her rights under the law.
Title VII prohibits discrimination in all terms, conditions, and privileges of employment, including hiring, firing, compensation, benefits, job assignments, promotions, and discipline. Title VII makes it illegal to harass someone on the basis of a protected characteristic (race, sex, and so on).
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII .
So….Are Native American Tribal Employers exempt from Title VII laws of Federal Employment Laws?
In the United States, persons of Native American descent occupy a unique legal position. On the one hand, they are U.S. citizens and are entitled to the same legal rights and protections under the Constitution that all other U.S. citizens enjoy….
But on the other hand, although Native Americans enjoy the same legal rights as every other U.S. citizen, they also retain unique rights in such areas as hunting and fishing, water use, and Gaming operations.
Although Indian reservations are deemed sovereign states, both Congress and the U.S. Supreme Court have placed limitations on their sovereignty. Therefore, as specific issues arise about tribal court jurisdiction, the federal courts must intervene to decide these cases.
In recent years, gaming has become one of the most important areas of economic development for Native American tribes.
Since 1979, when the federal courts ruled that tribal-sponsored gaming activities were exempt from state regulatory law, the Indian gaming industry has grown tremendously, with more than 200 tribes operating gaming establishments.
These operations have been extremely lucrative for the tribes running them; in 2008 the gross gambling revenues from class II and class III tribal gaming operations amounted to approximately $26 billion.
Unfortunately for hundreds of thousands of Americans, there are a few federal employment laws tribal employers don’t have to worry about. Indian tribes, their governments, and their tribal enterprises are excluded from these Acts: .
Title VII of the Civil Rights Act of 1964 (Title VII):
Title I – American with Disabilities Act (ADA):
Today the INSIDER EXCLUSIVE “Goes Behind The Headlines” in CIVIL RIGHTS DISCRIMINATION – STEPHANIE MASTRO’S STORY to examine how Benjamin Yormak, @ Founder & Mgr Ptr, Yormak Employment & Disability Law is seeking justice for Stephanie Mastro’s Equal Opportunity Rights in a classic Whistleblower/Retaliation story.
Stephanie’s case is currently on appeal in the 11th Circuit court. But Florida is in the more conservative 11th Circuit Court of Appeal. If this case was filed in the 9th Circuit Court of Appeals or the District Court for North Dakota, the case law there would mean a finding in favor of Mastro and prevent “tribal sovereign immunity.”
The U.S. District Court for the District of North Dakota has held that Native American businesses are not exempt tribal businesses from Title VII claims by non-Native Americans.
It is often argued by tribes that sovereign immunity should be applied to its “tribal businesses” because if immunity is not applied, the resulting financial loss would threaten the economic existence of the “financially fragile” tribes.
However, the recent impressive economic successes of Native American tribes demonstrate that this argument is no longer valid concerning most tribes,…..and specifically the Seminole tribe, which is a sophisticated business entity registered to do business in the State of Florida, operating at least seven (7) casinos in Florida to provide gaming and entertainment services to the entire public with a predominant workforce of non-Native American employees.
The Seminole tribe’s businesses, in the form of Florida casinos, which includes Seminole Casino Immokalee, rake in a whopping $2,000,000,000.00 or more during the 2012-2013 fiscal year.
The Defendant also owns and operates the casino management companies at many of its casinos, with the vast majority of casino personnel being non-Native American. If the Seminole tribe was a private company, they would rank among Florida’s largest and most profitable.
U.S. Equal Employment Opportunity Commission (EEOC) needs to combat employment discrimination at all levels of American society…including Native American businesses to eradicate employment discrimination. The EEOC is responsible for enforcing federal laws against employment discrimination.
TODAY, hundreds of thousands of employees of Native American Businesses, may have unwittingly waived the rights provided to them under federal employment discrimination statutes. In fact, most non-Native American employees would not realize they were waiving certain rights by accepting a job at the casino and without being aware that they are forfeiting their rights, this waiver can hardly be considered “knowing and voluntary.”
Nowhere do the Seminoles inform prospective employees (non-Native or Native alike), nor current employees, that it is not subject to any federal labor regulation and that it intends for the employees to have virtually no rights to ever seek damages for even the most egregious and offensive of employment decisions.
Without being aware that they are forfeiting their rights, this waiver can hardly be considered “knowing and voluntary.” Because such an involuntary waiver of significant rights is prohibited by the Supreme Court, employment discrimination statutes should apply to tribally owned companies and tribes.
Tribes should not be allowed to profit from non-Native American labor and then subsequently deny all liability stemming from their interaction with that workforce.
This is the first Insider Exclusive Investigative National TV Special on this grave inequality being perpetrated on some Americans and is being broadcast specifically:
To alert all these employees that your “federal employment discrimination” rights may have been waived without your knowledge
To encourage Congress to remedy this very unfair and unjust situation ……. 50 years after the passage of the 1964 Civil Rights Act to include all Americans under this Act
Ben Yormak has earned the highest respect from citizens and lawyers alike…. as one of the best Trial lawyers in Ft Myers, Naples…. In Florida….. and in the United States.
His goals….. Not ONLY To get Justice for his clients…but to make sure that everyone is treated with equal respect and dignity as guaranteed under the Constitution of the United States.
He has seen many innocent & hard-working people become VICTIMS…. and because of that he is driven to fight for people who had been harmed by the willful or negligent actions of others.
He has built a substantial reputation by consistently winning cases other law firms have turned down. His amazing courtroom skills and headline grabbing success rate continue to provide his clients with the results they need……And the results they deserve.
You can contact Ben Yormak or call (239) 985-9691