What can I do if anything

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What can I do if anything

I interview for a promotion took a drug test went through background was offered the position with my new badge made and waiting for me in personnel. I have been performing the duties of the promotion for 2 months without more pay but have not been officially given the position. I work for a Indian casino. The Indian counsel felt that because a tribal member applied even though he had no experience at all should get it because he is Indian. Also, the administration is angry because she was not involed in the hiring as she as unavailable. I feel that I am being targeted by the administrator under retaliation and possibly racism because I am not Indian by the administrator to keep the tribal counsel happy and by the tribal counsel. Do I have any legal recourse?

Asked on January 11, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fedral government recognizes tribal nations as "domestic dependent nations". As a resultIndian casinos can engage in discrimination without legal consequences since there are exempt from federal/state discrimination laws. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it wasn't a tribal (Indian) casino, you'd have legal recourse--but unfortunately, it is.
Indian casinos are legally arms of the tribes: they are essentially part of the tribal government. However, Indian tribes--and therefore tribal enterprises--are exempt from the anti-discrimtion laws, which apply to private employers and state and municipal governments--but not Indian tribes. An Indian tribe, and so an Indian casino, may discriminate if it likes.


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