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Alaska StateCommission For Human Rights

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Public Hearing Summaries

In Dorothy Cole vs. ABC Motorhome Rentals, Inc., Complainant alleged a male coworker (a registered sex offender) subjected her to inappropriate sexual comments and gestures. Commission staff found that Complainant’s allegations of discrimination were supported by substantial evidence and that Respondent retaliated against her for complaining about the harassment. Attempts to conciliate were unsuccessful and an Accusation was filed July 15, 2019. Although conciliation also failed, the parties reached a settlement and the agreement was approved April 8, 2020. Complainant received back pay in the amount of $10,000. Respondent completed training and the other remaining settlement terms. The case was dismissed and the file closed October 20, 2020.

In Samantha Pushruk vs. 907Refund Inc., d/b/a Cheap Smokes (two cases), In Samantha Pushruk v. 907Norefund Inc., dba Cheap Smokes (two cases), a female employee filed a complaint with the Commission alleging constructive discharge after the owner of the business gave her a sexually explicit scratch card and then made multiple inquiries about her engaging in the acts listed on the card with him. She felt compelled to quit. Shortly thereafter, complainant took a position at another local business. When her previous employer spoke badly of her to her new employer, Complainant filed a second complaint based on retaliation. A Motion for Default Judgment was filed on January 23, 2019 and the Commission issued a Final Order on October 7, 2019. . Superior Court issued a Final Judgment on December 13, 2019 and a bank sweep of all banks in Anchorage was executed on May 12, 2020 but no funds were discovered. A Notice of Case Closure was filed with OAH on July 21, 202 and the case was closed.

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 Laura Hill vs. ABC Motor Home Rentals, Inc., In Laura Hill v. ABC Motor Home Rentals, Inc., complainant alleged discrimination based on her sex, and for retaliation. She was hired as a salaried employee, not overtime exempt, replacing a position that was previously hourly. She worked far in excess of 40 hours per week with promises of additional compensation and extensive paid vacation during the slower winter season. Respondent dramatically increased her job responsibilities. She recommended terminating a long-term employee valued by respondent who had subjected other employees to inappropriate sexual comments, sexual gestures, unwelcome touching, and effectively trapping an employee to confront her with his sexual interests. Following his termination, Respondent also terminated complainant. Complainant alleges constructive discharge in retaliation for her recommendation. Investigation by commission staff found substantial evidence of both claims. When attempts to conciliate the complaint failed, an accusation was filed on March 25, 2020. Although settlement discussions are currently ongoing, a hearing has been scheduled to begin May 18, 2021.

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.