The Potawatomi Bingo Casino in Milwaukee, Wisconsin. Photo © Forest County Potawatomi Tribe
The Forest County Potawatomi Community of Wisconsin must comply with an Equal Employment Opportunity Commission subpoena, a federal judge ruled on Tuesday. The tribe fought the subpoena, which was issued as part of an age discrimination complaint by an employee of the Potawatomi Bingo Casino. But Judge Lynn Adelman said the facility falls under the Age Discrimination in Employment Act of 1967. "The casino is not an arm of the tribe’s government and does not serve in a governmental role; instead, it is a business run by the tribe," Adelman wrote in determining that the facility meets the definition of "employer" under the law. That language seems to run counter to the Indian Gaming Regulatory Act of 1988. The law states that casinos are a "means of promoting tribal economic development, self-sufficiency, and strong tribal governments." But the EEOC wants tribal casinos to be treated like any other employer despite being connected to tribal governments. "Indian casinos have become some of the nation's largest employers - they're an exploding multi-billion dollar industry with huge numbers of employees who are not Indians," EEOC Chicago Regional Attorney John C. Hendrickson said in a press release. "It is critical that all of the employees who work for these major employers in purely business operations such as gambling casinos be able to exercise their rights under federal law to be free of employment discrimination. Judge Adelman's decision is a landmark in supporting that right in the Indian gambling industry." The subpoena will help the EEOC determine how the casino handles age-based complaints. A former employee claims he was harassed and treated differently than younger co-workers. District Court Decision:
EEOC v. Forest County Potawatomi Community (May 6, 2014)
Join the Conversation
