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“Arbitration” means the Judicial Arbitration and Mediation Services (“JAMS”) comprehensive arbitration process that follows exhaustion of the Tribal dispute process set forth in this article.

“Award” means the financial remedy offered a claimant to resolve a certified claim timely filed under this article.

“Claim” means the written document, together with supporting information and documentation submitted by a claimant seeking redress for alleged employment discrimination.

“Claimant” means an employee who submits a claim under this article, alleging employment discrimination.

“Claims Administrator” means the person or entity designated or retained by the Tribal Council to receive, investigate, evaluate, negotiate and determine the resolution of claims filed under this article, to assist the Tribe’s representatives in mediations, hearings and appeals associated with contested claims, and to advise the Tribal Council in the final disposition of claims.

“Employee” means a person who is employed by the Tribe in connection with, or relating to, the gaming operation, gaming facility or gaming activities, whereby that person receives a salary or wages directly from the Tribe for services rendered in connection with the operation of the gaming operation or the gaming facility. An independent contractor, outside consultant, or vendor is not an employee.

“Employment discrimination” means harassment, including sexual harassment, in the workplace; discrimination in the workplace on the basis of race, color, religion, ancestry, national origin, gender, marital status, medical condition, sexual orientation, age, or disability; or retaliation against persons who oppose discrimination or participate in proceedings under this article, but only to the extent that such conduct would give rise to a cause of action under federal or California state law.

Insurance Carrier. The “insurance carrier” is the company providing insurance coverage relating to, the gaming operation, gaming facility or gaming activities, Class III gaming activities covered by insurance as required under the terms of the Tribe’s 2015 Tribal-State Gaming Compact.

“Gaming facility” means any building in which Class III gaming activities or gaming operations occur on Indian lands over which the Tribe exercises jurisdiction.

“Gaming operation” means any business enterprise owned by the Tribe that offers and operates Class III gaming activities on Indian lands over which the Tribe exercises jurisdiction.

“Rejected claim” means a claim that has failed to comply with one (1) or more procedural requirements as provided herein, including deadlines for filing claims or the provision of sufficient information or supporting documentation.

“Tribal Council” shall refer to the Karuk Tribal Council.

“Tribal Council” means the elected body of the Karuk Tribe with the authority to enact and implement this article; provided, however, that for the purposes of this article, the Tribal Council may delegate the performance of its administrative duties hereunder to the Claims Administrator.

“Tribe” means the Karuk Tribe. [Res. 18-R-039 § 4, 4/10/2018.]