Tomsky v. Mohegan Tribal Gaming Authority

DECISION ON APPEAL

This case presents an issue of first impression as to whether the Mohegan Tribal Discriminatory Employment Practices Ordinance, MTO 2002-04, S 104 authorizes the award of damages against the Mohegan Tribal Gaming Authority in the absence of proof that the discriminatory conduct resulted in an economic loss or loss of employment. Following a bench trial, the Mohegan Gaming Disputes Trial Court, Guernsey, C.J., held that the limited waiver of sovereign immunity in MTO 2002-04, SS 108(D)(2)(a) and 109, precluded the award of damages to Appellant under MTO 2002-04, § 104, for a…