Ninth Circuit Holds Tribal Casino Did Not Waive Sovereign Immunity in it’s Employee Orientation Booklet

Per Allen v. Gold Country Casino, 464 F.3d 1044 (9th Cir. Sept. 29, 2006):

The Casino did not waive immunity when it provided in Allen's employment application that he could be terminated "for any reason consistent with applicable state or federal law," or when it stated in the Employee Orientation Booklet that it would "practice equal opportunity employment and promotion regardless of race, religion, color, creed, national origin ... and other categories protected by applicable federal laws." These statements are not a "clear" waiver of immunity. See C & L Enters., Inc. v. Citizen Band Potawatomi Indian Tribe, 532 U.S. 411 (2001). At most they might imply a willingness to submit to federal lawsuits, but waivers of tribal sovereign immunity may not be implied. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 58 (1978) (explaining that a waiver of immunity "must be unequivocally expressed").