Native Americans
May 26, 2021
Tribe says sovereign immunity absolves it from disability act
The Americans with Disabilities Act contains few mentions of Indian tribes, though it excludes them from the definition of “employer” under the law. This case likely hinges on tribal sovereign immunity, which has been a tough hurdle for plaintiffs to overcome.
Sovereign immunity protects Indian tribes from lawsuits under the Americans with Disabilities Act, according to a motion the Tule River Tribal Council filed this week.
"The Tule River Indian Tribe, a federally recognized Indian sovereign nation, and the tribe defendants, cannot be sued in state or federal court unless Congress has authorized the suit or they have waived their tribal sovereign immunity," wrote Zagros S. Bassirian, an...
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