Public Hearing Summaries – Commission For Human Rights

In Robert W. Corbisier vs. Denali Foods, Inc. dba Taco Bell, a female employee of a fast-food restaurant claimed she was discriminated against based on her sex when she was subjected to unwanted and offensive comments of a sexual nature, including explicit images on her manager’s cell phone. Investigation found substantial evidence of discrimination when Respondent confirmed the actions but took no action to prevent the inappropriate conduct. Complainant withdrew her complaint to pursue a civil lawsuit. The Executive Director substituted as the complainant on November 5, 2021, to pursue public policy concerns of training and for the employer to adopt an effective non-discrimination policy. Attempts to conciliate failed and an Accusation was filed with the Commission on February 22, 2022. The Case Planning Conference was held March 29, 2022, and an agreement was reached to attempt judicial mediation. The date of mediation was not scheduled as of March 31, 2022.

In Gwen Slater vs. Partners 4 Life Inc. dba Firehouse BBQ, Complainant Gwen Slater alleged that Firehouse BBQ discriminated against her based on her sex. Firehouse BBQ hired Complainant as a waitress and later promoted her to assistant manager. She alleged that one of the restaurant’s owners subjected her to unwanted and offensive sexual contact and comments, as well as the display of sexual conduct, including pornographic material. Slater also asserted she informed her manager, as well as told the offending owner to stop, and that the sexual advances were unwelcome; however, the offensive sexual behavior continued. The complainant further alleged that Firehouse BBQ forced her to leave her employment because of the sexually charged hostile environment i.e., she was constructively discharged. An investigation by Commission staff found substantial evidence of both claims. Conciliation attempts failed and an Accusation on November 23, 2021. Following a status conference on March 1, 2022, the Accusation was remailed to Respondent, who had not notified the Commission of his new address. A Notice of Commencement was filed with OAH on December 9, 2021. The Commission unsuccessfully attempted on several different occasions to contact Complainant. Ultimately, she was notified via letter addressed to her last known address of the Commission’s intent to proceed with a 2-party settlement, if it did not hear from her by March 14, 2022, As of March 31, 2022, Complainant had not responded to the notification.

In Kacie O'Sullivan vs. AAA Alaska Cab, Inc., Complainant Kacie O’Sullivan alleged that AAA Alaska Cab discriminated against her based on her sex. Complainant applied for and interviewed for a position as a cab driver with AAA Alaska Cab. The complainant alleged she was qualified and believed AAA Alaska Cab processed her paperwork and hired her. When she contacted the company for a start date, the owner informed her that the only available shifts were at night, and he would not assign a female to a night shift, citing safety concerns. AAA Alaska Cab’s owner indicated he would hire Complainant if a day-time shift was available or became available in the future and declined to hire her for the nightshift despite Complainant’s attempt to reassure the owner of her ability to handle unsafe situations. An investigation by Commission staff found substantial evidence of the claim. Following failed attempts to conciliate, an Accusation was filed on September 7, 2021, and later amended on October 19, 2021. A Settlement Agreement was approved on February 16, 2022, and on February 17, 2022, OAH issued an order vacating the previously scheduled public hearing.

In Amber Vinegar vs. . State of Alaska, Department of Labor & Workforce Development, Division of Employment and Training Services, Appellant alleged she was discriminated against based on her age and race because she was subjected to different terms and conditions than other employees not of her age and race. Investigation found no substantial evidence of discrimination and the case was closed May 20, 2021. An appeal was filed in superior court on June 30, 2021. The record on appeal was filed on October 12, 2021. Following multiple extensions, Appellant filed her excerpt of record on March 10, 2022, and an Amended Excerpt of Record on March 22, 2022. The State’s brief and excerpt of record are due April 29, 2022.

In Joseph Locke vs. Peter's Sushi Spot, Complainant Joseph Locke alleged Peter’s Sushi Spot discriminated against him by treating him as disabled. Locke’s temporary medical condition required him to wear a foot brace, and when he went to the restaurant to collect his tips, the business’s owner observed him wearing a brace and later told him not to come to work due to the brace. Despite Complainant’s efforts to reassure the owner that he was able to continue working when he arrived for his next scheduled shift, he found other employees covering his shift. An investigation by Commission staff found substantial evidence of Locke’s claim. Conciliation attempts failed, and an Accusation was filed with the Commission on June 23, 2021. The parties attended a judicial mediation conference on October 7, 2021. As of March 31, 2022, efforts to reach a mediated settlement agreement were ongoing.

In Astin Frazier vs. Oriental Garden, Complainant Astin Frazier alleged that Oriental Garden discriminated against her based on her race, national origin, and color. Oriental Garden hired Complainant as a waitress and terminated her employment two weeks later at the conclusion of her probationary period. She alleged that when the restaurant’s chef informed her of her termination, the chef implied that Frazier did not demonstrate sufficient familiarity with the menu because she was a person of non-Asian heritage and therefore, would be better suited to working in a non-Asian restaurant. Oriental Garden asserted that Complainant did not meet performance expectations during her probationary period. An investigation by Commission staff found substantial evidence of the Complainant’s claim. When conciliation attempts failed, the Commission filed an Accusation on May 10, 2021. After Complainant advised that she is in the process of changing careers and did not want to appear as a witness at the hearing due to fears it could affect her future employment, a motion to dismiss was filed on March 23, 2022.

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.