Articles Posted in U.S. Court of Appeals for the Eleventh Circuit

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Plaintiff filed suit against the Poarch Band of Creek Indians, alleging that she was terminated from her job because of her age pursuant to the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. 621-634. The district court adopted the Magistrate’s Report and Recommendation to grant the Poarch Band's motion to dismiss the suit based on the doctrine of tribal sovereign immunity. In this case, there is no evidence that the Poarch Band waived its immunity, either generally or in the present suit. The court rejected plaintiff's comparison of the definitions of the term "employer" found in the ADEA and Title VII, in conjunction with the Supreme Court's opinion in Fitzpatrick v. Bitzer; plaintiff's argument that the ADEA is a statute of general applicability is foreclosed by the court's precedent; and other circuits that have considered the issue raised by this appeal also have determined that federal courts lack subject-matter jurisdiction over an ADEA claim asserted against a federally-recognized Indian tribe. Accordingly, the court affirmed the district court's decision to grant the Poarch Band’s motion to dismiss for lack of subject-matter jurisdiction. View "Williams v. Poarch Band of Creek Indians" on Justia Law

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Plaintiff filed suit against the Casino, alleging unlawful gender discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and Florida law. The Seminole Tribe of Florida owns and operates the Casino under the name “Seminole Indian Casino-Immokalee.” The district court dismissed the suit because the Tribe is a federally recognized tribe entitled to sovereign immunity. The court affirmed the judgment, holding that the Tribe is indeed a federally recognized Indian tribe entitled to sovereign immunity. View "Longo v. Seminole Indian Casino-Immokalee" on Justia Law