Many tribal employment handbooks have reference to Title VII. Congress explicitly exempted Indian tribes from the definition of employers subject to Title VII requirement. See 42 U.S.C. Sec. 200oe(b). The problem is that attorney advising tribes have included these provision in tribal employment law and handbooks. Why is beyond me! In Nanomantube v. Kickapoo Tribe, a 10 Circuit case out of Kansas demonstrates the danger of including this provision. In Nanomantube, the employee argued that the inclusion of a reference to Title VII is an implied waiver of immunity. Fortunately, the court held that it wasn't but like many longstanding tribal doctrines it constantly under attack. Thus, revise your handbooks. Swimmer Law Offices, has extensive experience in helping tribe with employment law matter. Call me at 414-380-2433 if your tribe needs help removing these provision or visit me at swimmerlaw.com.