7.05.350 Disposition of complaints and remedies.
(A) The Commission shall serve a copy of its order on all parties to the action after the hearing.
(B) The Commission may grant such relief as justice requires, which may include the following; provided, that the Commission may not assess total monetary penalties or remedies in excess of the total amount of monetary penalties or damages issued by the TERO Director in the written noncompliance order, except for justified adjustments in back and/or front pay or costs of reimbursement amounts:
(1) If practical, order the employer to hire the employee if the position has not been filled;
(2) Impose a civil penalty on the employer in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation;
(3) Order the employer to pay back and/or front pay up to an amount equal to the annual salary of the employee;
(4) Order the employer to hire, promote, or train an Indian-preference-eligible individual found to have been denied applicable preference;
(5) Order the employer to pay the costs of filing and pursuing the complaint; and
(6) Any such other relief as the TERO Commission deems necessary to cure the violation.
(C) Any monetary damage award to an employee shall be limited to orders of back and/or front pay or costs of reimbursement.
(D) If an employer fails to comply with an order from the Commission within ten (10) days, the TERO Director shall seek appropriate enforcement against that employer through the Tribal Council. The Tribal Council shall review the order and if appropriate shall take all necessary steps required to enforce such order, including but not limited to withholding payments still owing to the employer. [Ord. 4 § 7.7, 4/16/2015.]