Article VII. Limited Waiver of Sovereign Immunity
§ 2-701 Limited waiver of sovereign immunity.
A. If a claimant has fully exhausted the claims process in Article III of this chapter, the Tribal Gaming Authority’s sovereign immunity, and any and all defenses based thereon, are expressly waived and shall not be asserted with respect to the dispute resolution processes authorized in Articles IV, V and VI of this chapter, in connection with any claim for employment discrimination, including any suit to enforce an obligation under this chapter or enforce or execute a judgment based upon the award of the Tribal Court or JAMS appeal process. This waiver is subject to the following limitations:
1. No claim or judgment may exceed three million dollars ($3,000,000.00).
2. This limited waiver shall not apply to any claim or judgment for punitive damages.
3. This limited waiver shall not apply to any claim against an individual officer or employee of the Tribe or of any agency, board, commission, or authority of the Tribe. (Res. 2019-45)