Employee Reorganization was a Pretext for Disability Discrimination June 23, 2022 After working for a company for over 20 years, when Complainant requested an accommodation due to a medical condition, she was terminated claiming it was due to financial reorganization. Respondent required that she sign a settlement agreement. The complainant eventually had brain surgery for her condition, and later had to be reminded of the settlement agreement she had signed. When conciliation attempts failed, Complainant withdrew her complaint to pursue a civil lawsuit for damages. The Executive Director substituted as the Complainant to pursue public policy goals of training and for the employer to adopt an effective non-discrimination policy. Conciliation efforts were ongoing as of March 31, 2022.
Race-Based Discrimination June 23, 2022 The complainant observed a sign in the Respondent’s window stating Native identification was not accepted when purchasing tobacco. A complaint was filed with the Commission on March 30, 2020, and an investigation found that the store employee refused to accept tribal identification cards issued by two Alaska Indian tribes. On March 22, 2022, a substantial evidence determination of discrimination was issued. Conciliation efforts continue as of March 31, 2022.
Sexual Harassment June 23, 2022 An employee alleged she was subjected to unwelcome, inappropriate comments of a sexual nature, as well as subjected to unwanted physical contact by the Respondent’s owner during her first two weeks of employment. Investigation revealed substantial evidence supporting her allegations, and a determination was issued on June 30, 2021. A Conciliation Agreement was approved on March 17, 2022. The Commission continues to monitor the terms of conciliation.
Sexual Harassment June 23, 2022 An employee alleged she was subjected to unwelcome, harassing comments, as well as unwanted and offensive sexual comments and touching by the Respondent’s owner. Investigation produced corroborating testimony supporting the claims. In addition, it found three other female employees had quit the same year for similar complaints. A determination of substantial evidence of discrimination was issued on June 30, 2021. A Conciliation Agreement was approved on March 17, 2022. The Commission continues to monitor the terms of conciliation.
Job Applicant was Treated as Disabled June 23, 2022 When reapplying for employment at a fast-food restaurant, the applicant advised that she had been diagnosed with a viral blood infection. After providing a list of requirements necessary to be rehired, the restaurant told her they could not re-hire her because the U.S. Food and Drug Administration’s prohibited them from employing a person with such an infection. Investigation revealed her infection was not among those listed by the U.S. Food and Drug Administration as a pathogen that excluded her from working in the food industry. A Conciliation Agreement was approved on February 28, 2022. The Commission continues to monitor the terms of the Agreement.