TLDR: my new tribal employers put me in a job that pays half of what I need. Their equal opportunity disclosure does not include mental handicap protections from discrimination, however California state law does recognize mental disability as a protected class, so as an autistic man, do does state law Trump them in terms of equal opportunity, and do I have a case to probe that they may have discriminated against me on the basis of my mental disability?

My understanding of tribal law is that it is usually subservient to state law. This is regardless of weather it has to do with areas of alcohol consumption and sales, or with ensuring equal opportunity is enforced in the workplace.

I recently got employed with a casino as part of their food and beverage department. The job that I have received pays $16.50 an hour. However, my application to that job was also as a Segway into applying for a supervisor position in that same department which paid $60,000 an annual gross. The reason I was hoping to take this job was because they did not offer the wage position at other than part-time. However, they decided to put me on that position at full-time, and disregard my application for the supervisor position. Despite my food and beverage experience at a previous tribal casino employer, as well as my overseas hospitality and facilities experience, not to mention my college education on top of that (bachelors and masters degree ), it baffles me that they did not take those into consideration enough to consider me for more than what is equivalent to a labor job. They did not have the budget for a full-time position, but now that they have decided to put me on full-time, I have to take a second job in order to supplement income necessary to support myself.

But then when I was given the background investigation paperwork, I read a paragraph under their equal opportunity disclosure;

“As an equal opportunity employer, it is the policy of ________ Tribal Gaming Agency to prohibit discrimination in employment/licensing based on race, color, religion, sex, national origin, physical handicap, or age with respect to individuals.

My problem here with this disclosure is two things, 1. It was compulsory to sign in order to receive employment. And 2. This disclosure paragraph did not include anything pertaining to MENTAL handicap. However California regulation 12926 subsection J has a definition from mental disability under its equal opportunity clause:

(j) “Mental disability” includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:

(A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.

(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult.

(C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working.

Right now my understanding is that tribal law is still subservient to state law, so I am wondering if this lack of consideration in their equal opportunity disclosure gives me grounds to pursue possible legal action or a probe the basis for putting me in a job position which pays less and is much more demeaning than a supervisor position