Santa Rosa, CA asked in Employment Discrimination, Native American Law and Employment Law for California

Q: I've been slandered,harassed by HR, discriminated do to my disability. Retaliated on . No one will due anything.

Was admitted to me I didn't get a position I applied for was due to my teeth, witch is caused by my disability. Over my 7 years experience and went with 2 year employee I trained. They refuse to fallow ADA, making policies to overlook my position and over looking policies to suit themselves. I'm the only supervisor

in our department to not have weekends off. Met with the board and the chairman won't due anything . I have 17+ years in my casino and been held down all those years.

2 Lawyer Answers
Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: It is illegal to discriminate based upon disability. Denying you a promotion (in favor of non-disabled person) and requiring only you to work weekends (while letting the non-disabled people have weekends off) may be evidence of discrimination. These cases are very fact specific. You should consult with an employment lawyer. Most provide free consultations.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: When you work for an Indian tribe or on tribal lands, the employment laws of the State of California or the federal government do not necessarily apply to you. Tribal law will determine if you have a meritorious claim. And do not assume tribal law will mirror the laws that apply off the reservation. They do not. The ADA does not apply to Indian reservation employees or employers.

To get an answer to your question you are going to have to locate and consult with an employment law attorney who is familiar with the laws of the particular Indian tribe that is your employer.

Good luck to you.

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