Public Hearing Summaries – Commission For Human Rights

In Dorothy Cole vs. ABC Motorhome Rentals, Inc., Complainant alleged that co-worker subjected her to sexual harassment and when she reported the unwanted treatment respondent retaliated by terminating her employment. The Accusation was filed with the Office of Administrative Hearings on July 15, 2019. However, the case has been continued until November 25, 2019 pending replacement of the Commission’s Human Rights Advocate.

In Danny Joe Burnham vs. Beacon Occupational Health & Safety Services and Price Gregory International, Complainant alleged that respondent discriminated against him based on disability. He claimed respondent did not notify him he would be required to pass a fitness-for-duty exam and when he failed complainant claimed he was unable to be hired for other jobs. Prior to the scheduled hearing multiple attempts were made to reach a settlement. When complainant refused respondents’ offer, the accusation was dismissed and a conciliation agreement was signed on August 16, 2019 between the Commission and respondents. Upon completion of all terms of the agreement, a Closing Order was issued and the case was closed on October 28, 2019.

In David Ponte-Thomas vs. K & G Enterprises, LLC, dba Evangelo's Restaurant, complainant alleged that respondent treated him as a person with a disability after he suffered an on-the-job injury. Although complainant provided a release from his doctor, respondent hired a new employee for the same position. Commission staff found complainant was discriminated against based on his disability. An accusation was filed on January 26, 2018. A settlement was reached at the start of the public hearing on October 9-10, 2018. Complainant received a settlement of $14,500. Upon respondent’s completion of all terms of the settlement agreement, an Unopposed Motion to Dismiss was filed with the Commission on April 18, 2018.

In Russell Baker vs. Guardian Flight, complainant alleged that respondent discriminated against him based on his age when it terminated his employment while retaining younger, less experienced pilots. When respondent subsequently hired additional pilots, complainant was not considered for re-employment. Complainant also alleged that respondent retaliated against him for filing complaints of discrimination. A settlement was reached between the parties and complainant received a settlement of $150,000. An order granting the motion to dismiss was issued on April 4, 2018 and the case was closed.

In Thailando Linnear vs. Quantum Investments, LLC d/b/a Barratt Inn Anchorage Airport, complainant alleged that respondent discriminated against him based on his disability when it refused to allow complainant to stay at its hotel with his service animal. A hearing was held on May 21, 2018 and the ALJ issued a recommended decision on June 5, 2018. The Commission’s September 11, 2018 final order adopted the recommended decision requiring training for all employees and that complainant’s service animal be allowed access to the facility, subjection to state and/or federal restrictions.

In Steven Govatos vs. ASRC Energy Services Alaska, Inc., complainant alleged that respondent discriminated against him by refusing to accommodate his mental disability. When complainant refused to change his prescribed medication respondent terminated his employment. . Prior to the scheduled hearing a settlement agreement was approved on April 30, 2018 and complainant received $45,000 for lost wages. Upon completion of all terms of the settlement, a motion to dismiss was granted on October 5, 2018 and the case was closed.

In Randall Danes vs. State of Alaska, Dept. of Corrections, Division of Institutions, complainant alleged that respondent discriminated against him based on his physical disability when it denied complainant’s requests for a sign language interpreter to allow him the same benefits offered to other inmates. A settlement was approved on April 12, 2017. Upon completion of all terms of the agreement, the file was closed on January 30, 2018.

In Charlie Kanayurak vs. North Slope Borough Fire Department, complainant alleged that respondent discriminated against him based on his parenthood and his association with a person with a physical disability. Complainant alleged he was not treated the same as other employees under similar circumstances. Prior to the scheduled hearing a settlement agreement was approved on April 30, 2018. Complainant was paid $224.64 and after respondent met all terms of the agreement, the case was closed.