She claimed during the presentation that NAGPRA gives control of scientific research to the religious beliefs of contemporary Native American communities.
[3][4] In February 2022, Weiss sued San Jose State officials claiming that they retaliated against her for her views and restricted her from accessing skeletal remains that she was studying.
[8] In June 2023, Weiss had reached a settlement with San Jose State that allowed her to voluntarily retire with full benefits, effective May 29th, 2024.
Due to fears that she may be fired and subsequently lose employment benefits, Weiss accepted a voluntary leave to pursue "more fruitful opportunities".
The judge overseeing the case dismissed her efforts as the Muwekma Ohlone tribe, which the remains belonged to, would have to be involved in the lawsuit.