The EEOC recently cobbled together a quorum of its Commissioners and that will enable the Commission to engage in official actions. The EEOC is in charge of enforcing laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act. Those first two examples (Title VII and the ADA) explicitly do not apply to tribal employers while the third example (ADEA) is silent regarding its applicability.  

If tribal employers take the position that the EEOC lacks jurisdiction (power) to enforce those laws or its regulations on tribal employers and the EEOC seeks to exercise its authority, there is a strategic decision for that tribal employer. I recommend seeking legal advice before making the decision. If the tribal employer decides to assert that the EEOC lacks jurisdiction over the tribe, depending on the posture of the case, the tribal employer has a couple options. For example, if the EEOC has served the tribal employer with a lawsuit or a subpoena, the employer will have to go to court to contest the lawsuit or subpoena.

On the other hand, if the EEOC has sent a letter to the employer seeking documents or a narrative response to certain allegations, the tribal employer can pen a letter like the template below. At the risk of stating the obvious, the example below is a template that must be modified to reflect the specifics in your case. By the way, a lawyer is not necessary for the drafting of a letter, but again, I recommend consulting with a lawyer on the letter.

October 29, 2025

United States Equal Employment Opportunity Commission
330 South Second Avenue
Suite 720
Minneapolis, MN 55401

Re: Sam Smith
Charge Number:  123-2025-12345

Dear Sir or Madam:

Please let this letter respond to the October 20, 2015 Notice of Charge of Discrimination transmitted to ABC Casino and Hotel. I represent ABC Casino and Hotel.

ABC Casino and Hotel is owned and operated by the XYZ Tribe located on tribal lands.  

Since the federal civil rights law cited in your letter does not apply to tribal governments, the EEOC has no authority or jurisdiction over the XYZ Tribe or any of its enterprises. 42 U.S.C. § 2000e(b).  As the EEOC has no jurisdiction to evaluate this matter, the Tribe respectfully requests that you close your file.

Please do not interpret this letter as a waiver of the Tribe’s rights.

Thank you.

Sincerely,

 

Richard G. McGee

_____________________________

Richard McGee
richard@richardmcgeelaw.com
612-812-9673