Public Hearing Summaries – Commission For Human Rights

In Harry Ross vs. SOA, DCED, Alaska Railroad, complainant alleged that respondent failed to promote him because of his race, Black. After a public hearing, the Commission dismissed the case. Complainant appealed the decision to superior court, and on March 30, 2012, the court reversed the Commission’s decision and remanded the case to the Commission. The Commission referred the matter to the Office of Administrative Hearings, and the parties briefed the issues on remand to an administrative law judge. Briefing was completed on December 11, 2012. On April 28, 2014, the administrative law judge issued a decision recommending that the Commission again dismiss the case. On May 19, 2014, the ALJ forwarded the record to the Commission. On August 30, 2016, the Commission issued a final order dismissing the case.

In Lester Hubbard vs. Alaska Computer Essentials, Inc., complainant alleged that respondent discriminated against him on the basis of his disability, paraplegia. Complainant alleged that as a student in respondent’s computer class he was unable to use the restroom because respondent’s business lacked facilities that were accessible to persons who use wheelchairs for mobility. On June 29, 2009, an administrative law judge (ALJ) issued a preliminary default judgment based on respondent’s repeated failure to respond to motions or discovery requests, and found that respondent had violated the Human Rights Law. On October 29, 2009, the Commission adopted the ALJ’s recommendation and issued an order directing respondent to make its facilities accessible or to provide its services at an alternative accessible location.

In Larry Flakes vs. Alaska Sales and Service, Inc., complainant alleged that respondent refused to promote him from his position of sales representative to one of several available team leader positions because of his race, Black. Evidence at a five-day public hearing showed that complainant and another Black applicant were told by one of respondent’s managers that they were not promoted because of the color of their skin, and that successful applicants for the positions had the same attendance problems that respondent claimed made complainant ineligible. The administrative law judge (ALJ) found respondent liable for discriminating against complainant. On November 13, 2009, the Commission adopted the ALJ’s recommendation and awarded Mr. Flakes $118,375 in damages.

In Michael Chiesa vs. City of Kodiak, complainant alleged that respondent discriminated against him based on his physical disability by failing to accommodate his disability and terminating his employment. Complainant also alleged that respondent retaliated against him for requesting a reasonable accommodation when it disciplined him following his termination for conduct that occurred prior to his injury. Prior to the scheduled hearing, a settlement was reached between the parties on May 7, 2019 and complainant received a settlement of $56,447. The case was closed with the Commission’s Order Granting Motion to Dismiss dated October 10, 2019.