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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I have been suffering from harrasment and discrimination from

Resolved Question:

I have been suffering from harrasment and discrimination from one of my managers at my job. Im a Supervisor from a casino. I have been put to do housekeeping work as a retaliation. In the surpervisor duties and discription from the casino it doesnt said Supervisors suppost to do housekeeping work. This treatment has been going on for 5 years. I have been even told by this manager "You are Mexican, you clean good! Isn't this discrimination?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Do you work in a native-american "tribal" casino?
Customer: replied 5 years ago.
Yes, Im working in a tribal casino. Im getting sick because of constant harrasment
Expert:  socrateaser replied 5 years ago.
Okay, first things first: Please understand that I "justanswer" questions “about” the law. I cannot be responsible if the law does not favor your unique circumstances. The best that I can do is to explain what the law "is" and what it "is not."

Now for the answer: Native-american tribes are absolutely immune from federal and California laws protecting employees from unlawful discrimination. See Pink v. Modoc Indian Health Project, 157 F.3d 1185, 1998 (9th Cir. Cal. 1998).

Thus, there is only one answer for you, if you cannot deal with your employer's treatment of you: find a job off of the reservation -- because as long as you work there, the employer can treat you like total crap, and there is nothing you can legally do about it.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 5 years ago.
How against the manager is anything i can do. I also got injured there about 3 years ago. They make wear an ear piece and I became deaft in one of my ears. They were aware about it, they filled the workers injury paperwork. I didn't wear the earpiece for a while but they told me, I have to wear it on my other ear( I dont want to be complitly deaf. That is so sad that this people can get away with so much. I tough, I live in a country where human rights are protected, but I see that is just a fantasy of humans being treated the right way. Thank and God bless!
Expert:  socrateaser replied 5 years ago.
Native-american tribes are not subject to the same laws as effect other U.S. citizens. If you want the same rights as other U.S. citizens, you must find work somewhere other than in the indian-gaming casino.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


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