; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (C) an employee of a Tribal employer. (3) Employer (A) In general The term employer means, except as provided in subparagraph (B), a person who is— (i) (I) a covered employer, as defined in subparagraph (C); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; or (III) a Tribal employer; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Exclusion of executive, legislative, and judicial entities covered under title II The term employer does not include— (i) any agency, as defined in section 170201(1), except, only as provided in section 170102(g)(2), the VA Office of Geriatrics & Extended Care of the Veterans Health Administration; or (ii) the Postal Regulatory Commission. (C) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce (including government), or in any industry or activity affecting commerce (including government), who employs 1 or more employees; (II) includes— (aa) any person who acts directly or indirectly in the interest of (within the meaning of section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ) an employer in relation to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) except as provided in subparagraph (B), includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); (IV) includes any person described in subclause (I) who conducts business as a not-for-profit organization