Former Employees Fight to Sue Native American Casino

April 4, 2006 — -- Native American casinos are a $20 billion a year industry. But because many of the casinos are on sovereign Indian land, many state and federal laws do not apply to them.

At the Thunder Valley Casino outside Sacramento, Calif., seven female former employees are having difficulty suing the company for alleged harassment and discrimination.

"It's a very hostile work environment, especially toward women," said Cheryl Dalton, former assistant to the director of marketing.

Beverage supervisor Elizabeth Ward added, "I saw so many girls in my office either crying, ashamed, humiliated."

The case against Thunder Valley Casino, operated by a Las Vegas company, alleges sexual harassment, age and gender discrimination and many other charges. But it's unclear if a state or federal court even has the jurisdiction to hear the case because the casino is on sovereign Native American land.

"The one thing the tribe will not do is simply subject itself to the jurisdiction of the state," said attorney Howard Dickstein, who represents the United Auburn Indian Tribe.

Dickstein said the case could be heard in an independent tribal court, which the plaintiffs reject.

"They have blinders on," Dickstein said. "They want a state court to decide their case, and they can't have a state court decide their case without overruling 200 years of United States Supreme Court precedents."

In 1988, Congress gave Native American tribes the right to operate casinos on their own lands. Dickstein said tribal sovereignty has helped the tribe survive through years of massacres and discrimination.