Public Hearing Summaries – Commission For Human Rights

In Jamiann Hasselquist vs. Fred Meyer Stores, Inc., In Jamiann Hasselquist v. Fred Meyer Stores, Inc. (OAH No. 23-0053-HRC), Complainant Jamiann Hasselquist observed a sign in Respondent’s window stating Native identification was not accepted when purchasing tobacco. A complaint was filed with the Commission March 30, 2020, and 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. When efforts to conciliate failed, a Certification of Conciliation Failure was filed with the Commission August 1, 2022. As the accusation was being drafted opposing counsel requested a settlement. The Notice of Rescission was filed September 6, 2022. However, no settlement was submitted to the Commission. A Certification of Conciliation Failure was again filed with the Commission December 27, 2022, and an accusation was filed January 3, 2023. Counsel for Respondent was initially open to mediation, and the case was scheduled for court facilitated mediation. However, the parties subsequently decided to place the matter back on the hearing calendar. On or around September 12, 2023, the parties reached a mediated settlement agreement. All terms and conditions of the agreement have been met and the case was closed on November 22, 2024.

In David Koen vs. State of Alaska, Department of Corrections, Goose Creek Correctional Center, Complainant David Koen alleged the correctional center where he is incarcerated refused his religious accommodation request for a Kosher diet. Following a thorough investigation, the substantial evidence determination was issued August 5, 2022. After months of efforts to find a resolution to this issue, an Accusation was filed with the Commission October 27, 2022. A Case Planning Conference was held December 1, 2022, followed by an order for any motion and response regarding jurisdictional objections due January 2023. Respondent filed a Motion to Dismiss January 18, 2023, based on their jurisdictional objection. The Commission filed an Opposition to Respondent’s Motion to Dismiss on February 10, 2023, and Respondent filed their reply February 23, 2023. On April 7, 2023, an order denying Respondent’s motion to dismiss was issued by OAH. Due to the large amount of discovery, both parties agreed to a trial continuance and an amended scheduling order. A status hearing is set for April 2, 2025, and trial is currently set to begin June 2, 2025. As of March 31, 2025, discovery and associated motion practice is ongoing.

In David Rockwell vs. Thomas F. Schwarz d.b.a. G.I. Joes Army/Air Force Surplus Outlet, (OAH 22-0781-HRC), the complainant alleged that GI Joes Army/Air Force Surplus Outlet discriminated against him by not allowing his service animal to enter the premises and failed to make an accommodation for his disability. The wife claimed she was afraid of big does and the owner, who was not present at the time, later claimed the dog was not allowed in because of his extreme allergies. The complainant further alleged that Respondent would not make an accommodation for his disability. Investigation by Commission staff found substantial evidence to support the Complainant’s allegations. All conciliation efforts failed, and an Accusation was filed on August 19, 2022. Following the Case Planning Conference, the hearing was scheduled for February 1, 2023. However, due to scheduling conflicts, the Commission filed an Unopposed Motion to Continue Trial on November 29, 2022. As of December 20, 2022, the Commission had not received an answer to the accusation, and a Motion for Entry of Default was filed with OAH on December 13, 2022. Ultimately, Respondent’s counsel filed a response to the accusation with OAH, along with an opposition to the Motion for Entry of Default. On January 6, 2023, the Commission received an order denying the Motion for Entry of Default. The Commission filed a Motion for Summary Judgment on February 1, 2023. During investigation, Respondent failed to provide proof of their competing disability, and the Commission filed a Motion to Preclude Respondent’s Disability Evidence on April 21, 2023. Respondent’s counsel filed an opposition to the Motion for Summary Judgment on April 24, 2023, and subsequently requested both an evidentiary hearing and oral arguments. Oral arguments took place on May 30, 2023. The Commission’s Motion to Preclude Respondent’s Disability Evidence was denied on June 26, 2023. On August 15, 2023, an Evidentiary Hearing was held, and a Notice of Recommended Decision was issued by the Administrative Law Judge. No objections to the decision was filed. The Commission entered its final order on or about October 26, 2023. On January 19, 2024, a Notice Transmitting Final Decision was issued by OAH, and the case was closed with the Commission.

In Nicole Lee vs. B.V., Inc., dba Great Alaskan Bush Company, Complainant alleged that the Great Alaskan Bush Company discriminated against her on the basis of sex and her disability. While employed as a dancer, the Complainant alleged when she reported she was subjected to unwanted sexual contact, Respondent declined to follow it’s no-touching policy. Complainant also alleged she was not permitted to wear a mask to mitigate her exposure to the COVID-19 virus, and Respondent failed to engage in the interactive process to provide her an accommodation to her disability. Investigation by Commission staff found substantial evidence of both allegations. Attempts to reach a conciliation failed and an Accusation was filed with the Commission on July 8, 2022. A Case Planning Conference was held August 29, 2022. Mediation was held at OAH on February 16, 2023. On August 23, 2023, the parties reached a mediated settlement agreement addressing both public policy concerns and compensatory damages. All terms and conditions have been met and the case was closed

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 goals. 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. Following mediation, a Mediation Settlement Agreement was approved November 2, 2022. An Unopposed Motion to Stay Hearing was filed with OAH on November 29, 2022. On March 1, 2023, Respondent notified the Commission that all training was completed, fulfillingRespondent’s final obligation, and the case was closed.

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. All obligations of the conciliation agreement have been met and the case was closed on August 8, 2022.

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.