Kan. Kickapoo tribe rebuts lawsuit's claims over 'Indian preference' in casino hiring

WICHITA, KAN. — The Kickapoo Tribe in Kansas has contested a discrimination lawsuit filed by a former acting casino manager who claims that as a tribal descendant he was entitled to "Indian preference" under its employment policies.

In a related filing, the tribe also asked the U.S. District Court in Kansas to dismiss the lawsuit, arguing that as a federally recognized tribe it is entitled to sovereign immunity. It also contended the federal court lacked jurisdiction over the matter and over any tribal council member.

The tribe filed its motions Wednesday in U.S. District Court in Kansas in response to last month's lawsuit by Robert Nanomantube against the Kickapoo tribe, its tribal council and the Golden Eagle Casino.

His lawsuit alleges that the tribe racially discriminated against him and other Native American applicants when it hired a "non-Indian" who did not meet any of the hiring preference criteria for the general manager's job at the Horton, Kan., casino.

The tribe said in court documents filed Wednesday that Nanomantube was not qualified for the position. It also argued that "Indian preference" applies when two or more applicants for the same position have equal qualifications required by the job description.

In requesting for the lawsuit's dismissal in federal court, the tribe also argued that Nanomantube failed to exhaust his tribal court remedies because a separate lawsuit on the same issues is still pending in tribal court.

Nanomantube's attorney, G.H. Griffeth, declined to comment Wednesday on the tribe's filings, referring the call to lead attorney, A.J. Kotich, who did not immediately return a message left for comment.

Tribal attorney Steven Campbell also had no immediate comment, saying he wanted to discuss the matter first with the tribal council before making any public statements.

Nanomantube was employed as acting manager of the casino from September 2004 until December 2008, according to court documents.

The lawsuit contends that while Nanomantube is not a member of the Kickapoo Tribe in Kansas, he is a so-called resident Indian and Kickapoo descendant as defined by the casino's "Indian Preference Policy."

The policy states it will give preference in hiring and employment to eligible individuals in the following order: Kansas Kickapoo tribal members, enrolled members of any other Kickapoo band, resident Indians, nonresident Indians, Kickapoo descendants and then to any qualified applicants regardless of race, color, religion, sex, age or disability.

Nanomantube alleges he was denied his hiring preference because of his race and color, suffering damages of more than $100,000. The tribe denied that allegation in its response filing, and contested that he is entitled to reinstatement or any financial compensation.

The lawsuit, filed in U.S. District Court in Kansas, seeks Nanomantube's reinstatement with back pay and benefits or other compensation for loss of income and benefits, humiliation, emotional distress and other damages. It also asks for punitive damages.