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Wildly Successful Northern California Entertainment Destination, Thunder Valley Casino,
Recipient of Civil Suit Alleging Seven Worker Rights Violations; Tribe Contends
 Sovereign Nation Status Exempts it from Anti-discrimination Laws


The Sacramento Bee, Calif.
Knight Ridder/Tribune Business News

Jan. 27, 2005 - In a court challenge that pits individual workers' rights against an Indian tribe's sovereignty, seven former employees of Thunder Valley Casino have filed a civil suit alleging sexual harassment, age and sex discrimination and wrongful termination.

The Auburn Indian Community owns Thunder Valley, the wildly successful casino that, with a work force of 2,200, is among Placer County's largest employers.

Attorneys for both sides say the case, filed in Sacramento Superior Court, could hinge on the tribe's contention that its status as a sovereign nation exempts it from most state and federal anti-discrimination laws.

The seven plaintiffs -- all women -- worked in a variety of jobs at the casino. Their class-action suit covers a broad range of employment issues, but the most provocative allegations deal with sexual harassment.

In the lawsuit, one plaintiff alleges a casino executive, Curtis Broome, twice forced himself on her sexually. The woman, a 40-year-old mother of four, said she quit her job to avoid him.

Another plaintiff claims that Broome, the casino's director of information technology, fondled and forcefully kissed her. After she complained about his conduct to her supervisor, according to the suit, she was transferred and eventually fired.

In addition to Broome, the suit names as defendants the tribe, the casino, Station Casinos, which has a management contract to operate Thunder Valley, and other unnamed parties. The plaintiffs are asking for unspecified damages.

Contacted by The Bee, Broome declined to comment on the lawsuit or the allegations. Tribal chairwoman Jessica Taveras, through her spokesman, Doug Elmets, also declined to comment, as did Lesley Pittman, spokeswoman for Station Casinos.

Howard Dickstein, the tribe's lead attorney, said the tribe and casino had conducted their own investigation and found the charges to be "without merit."

But the merits of the suit may never be heard in Superior Court because the U.S. Supreme Court has ruled that tribes, as sovereign nations, have the right to establish their own laws and are generally immune from civil lawsuits.

For decades, tribes' sovereign immunity seldom came into play, as outsiders rarely ventured onto Indian reservations and rancherias. But as Indian casinos have sprouted across California, a growing number of patrons, employees and contractors who feel they've been wronged are running into a wall of sovereign immunity when they sue in civil court.

Dozens of civil lawsuits have been filed against casino tribes across the country, only to be thrown out because the courts say they have no jurisdiction.

Dickstein said the tribe is further investigating the allegations. But, he said, the Auburn Indian Community -- like California's other 106 Indian nations -- has sovereign immunity from this type of civil suit.

Whether Broome and other casino employees are protected by sovereign immunity is less clear. "There's not a lot of case law on this question," Dickstein said.

Dickstein's legal opponent agrees with him on that point, at least. Robert Monterrosa, a Sacramento attorney who specializes in workplace law, represents the seven women.

Monterrosa said he respects the tribe's sovereign right to govern itself. But he notes that this complaint involves non-Indian employees who work in a commercial enterprise that caters to non-Indian customers.

He accused the tribe of "hiding behind sovereign immunity."

Monterrosa acknowledges the tribe is a formidable opponent, but says his research shows the sexual harassment and discrimination issues raised in the case seldom have been tested in court.

"These women are plowing new ground," he said. "These are serious violations of state and federal law. Anywhere else in this state, there would be no doubt what the law is."

Dickstein said the tribe has very strong policies against sexual harassment and discrimination, which he described as "at least as stringent as state and federal remedies."

Thunder Valley's employee handbook details a "No Harassment Policy" that encourages employees first to tell their supervisor, then the department manager and finally to file a written request for a "review conference" with a representative of human resources. If employees aren't satisfied with the decision made by the director of human resources, they can appeal to the casino's general manager.

Dickstein claimed the plaintiffs failed to follow the tribe's reporting procedures as outlined by the handbook and the tribe's compact with the state.

He defended the Auburn tribe's efforts to provide "effective remedies for patrons, employees, local governments and the state," citing efforts to provide workers' compensation insurance and to remain neutral during union organizing drives.

Plaintiff Cheryl Dalton, 56, formerly the assistant to the director of marketing, said in an interview all seven women followed the procedures for reporting discrimination and misconduct.

Five of the plaintiffs spoke to The Bee about the case.

The suit states that Dalton reported her concerns about age discrimination to the casino's human resources department but that nothing was done. The casino atmosphere was such that, "If you complained to your immediate supervisor, you'd be fired on the spot," she said.

The suit states that plaintiff Cynthia Walden was fired from her job as a clerk with no explanation. "I asked why I was being fired," she said, "and I was told: 'We don't have to tell you why. We're a sovereign nation.'"

Sundi Lyons alleges in the lawsuit that Broome forced himself on her sexually and that she reported it to Rich Randolph, lead investigator for the tribe's gaming commission. The suit claims Randolph assured her he would investigate and told her to tell no one else.

In an interview, she said she did not file criminal charges against Broome because she believed Randolph was obligated to report the allegation.

Aramissa Dillyhon claims in the suit she complained to her supervisor that Broome was sexually harassing her and also says she reported Broome's conduct to Randolph.

Randolph, reached by phone, declined to comment. But Dickstein said Randolph and the tribe's gaming commission have no authority to investigate employee complaints: "They protect the integrity of gaming, they don't supervise employees."

Dickstein added that the tribe -- when it learned the former employees had filed complaints with the state Department of Fair Employment and Housing and the federal Equal Employment Opportunity Commission -- did an investigation that found the charges to be "without merit."

Dickstein said the former employees still can avail themselves of the tribe's internal remedies. If the former employees are not happy with the outcome, he said, they can go to the state and claim the tribe isn't honoring its compact as it relates to treatment of workers.

Monterrosa said he hopes, nevertheless, a Superior Court judge will give the plaintiffs their day in court. The tribe has 30 days to respond.

"There has to be a meeting of the minds between the state's citizens and these tribes," Monterrosa said. "This has to be addressed, head on, and the time is now."

By Dorothy Korber and Stephen Magagnini

-----To see more of The Sacramento Bee, or to subscribe to the newspaper, go to http://www.sacbee.com.

(c) 2005, The Sacramento Bee, Calif. Distributed by Knight Ridder/Tribune Business News. For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail [email protected].

 
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