Public Hearing Summaries

In America Sullivan vs. Personnel Plus Employment Agency, LLC, complainant alleged that she was hired as a recruiter in September 2014 and promoted to manager by November. Ms. Sullivan became pregnant in June 2015 and suddenly in July after the owner learned of the pregnancy, she started criticizing Ms. Sullivan’s job performance and claimed a lack of communication when the owner was out of the office. The owner then asked a former employee to return claiming she did not know what Ms. Sullivan was going to do since she was pregnant. Shortly after the prior employee’s return, Ms. Sullivan was given her final paycheck and told her position was being eliminated immediately.

In Frank Olson vs. State of Alaska, Dept. of Corrections, Div. of Institutions, complainant, who was incarcerated at one of respondent’s facilities, alleged that respondent discriminated against him because of his disability when it refused to continue a reasonable accommodation in the form of a cell that was accessible to persons with disabilities when he was transferred from another facility. A hearing scheduled for January 12–13, 2016, was continued when the parties agreed to settle the case. The parties entered into an agreement in which respondent agreed to provide appropriate facilities for inmates with disabilities and to modify its policies to ensure that accommodations provided to inmates were not withdrawn without conducting an individual assessments. On May 24, 2016, the Commission granted the Executive Director’s request to dismiss the case.

In Julia Echeverria vs. Caribou Corporation, d/b/a Caribou Family Restaurant; Caribou’s Tooth, Inc., Jackie Ray Morrell and Elizabeth C. Johnson, complainant alleged that respondent subjected her to a hostile work environment based on her sex and terminated her employment for complaining about discrimination. Complainant also alleged that respondent retaliated against her by attempting to induce her new employer to fire her after she filed a complaint of discrimination with the Commission. A hearing was held over the course of three days beginning March 31, 2016. On July 27, 2016, the ALJ issued a recommended decision finding that the Executive Director had proven all of Ms. Echeverria’s allegations and recommending that the Commission award Ms. Echeverria back pay in the amount of $36,623, plus interest, and front pay in the amount of $7,180, and that the respondent receive training in the laws prohibiting discrimination in employment. On December 30, 2016, the Commission issued a final order adopting all of the ALJ’s recommendations.

In Mustafa Iflazoglu vs. Anchorage Lakefront Ltd. Partnership d/b/a Millennium Hotel, Anchorage and M&C Hotel Interests, Inc., complainant alleged that respondent terminated his employment because of his race, Arab, sex, national origin, Turkish, and religion, Muslim. A public hearing was scheduled for June 20–24, 2016, was continued and the parties reached an agreement to settle the case, in which respondent agreed to pay complainant $65,625 in back pay and to train its management employees on the laws prohibiting discrimination in employment. On August 29, 2016, the Commission granted the Executive Director’s motion to dismiss the case after respondent complied with the terms of the settlement.

In Dennis Brown vs. State of Alaska, DOC, Division of Institutions, complainant, who was incarcerated in one of respondent’s facilities, alleged that respondent discriminated against him because of his disability when it refused to provide him with a cell that was accessible to persons with disabilities. A hearing scheduled for January 12–13, 2016, was continued when the parties agreed to settle the case. The parties entered into an agreement in which respondent agreed to provide appropriate facilities for inmates with disabilities and to modify its policies to ensure that accommodations provided to inmates were not withdrawn without conducting an individual assessments. On September 15, 2016, the Commission granted the Executive Director’s request to dismiss the case. A settlement agreement was approved on September 2, 2016 agreeing to provide all inmates with necessary accommodations required for their daily lives. The Commission issued a Case Closing Order on September 18, 2016.

In Daren Cummings vs. Alaska Logistics, LLC, complainant alleged that respondent discriminated against him when it refused to investigate or remedy his complaint that a coworker had sexually harassed him, and that as a result his working environment had become so intolerable that he was forced to resign. A hearing scheduled for November 16–18, 2015, was continued after the parties agreed to settle the case. A final settlement agreement was executed in which respondent agreed to pay complainant $53,000 and to obtain training for its Alaska employees on the provisions of the Human Rights Law prohibiting discrimination in employment. Upon compliance with all terms of the agreement, the Executive Director filed a motion to dismiss, which the Commission granted on March 29, 2016.

In April Bunn vs. Seward Chamber of Commerce, complainant alleged that respondent discriminated against her because of her disability when respondent terminated her employment immediately after she suffered a seizure at work. The parties reached a settlement in which respondent agreed to pay Ms. Bunn $24,093 in back pay and to train its staff on the provisions of the Human Rights Law that prohibit discrimination on the basis of disability. After respondent complied with all of the terms of the settlement, the executive director moved to dismiss the case. The Commission issued an order dismissing the case on August 25, 2015.

In Olga Pawlaczyk vs. Meritage Management, LLC, d/b/a/ Inlet Tower, complainant alleged that her employment as a housekeeping supervisor was terminated because of her national origin, Polish. An accusation was issued on April 17, 2015. The Executive Director subsequently learned that respondent had withheld information during the investigation that would have led her to dismiss the case. On October 12, 2015, the Executive Director filed a motion requesting that the administrative law judge recommend dismissal of the case and issue sanctions against respondent for its failure to disclose information. On February 23, 2016, the administrative law judge denied the Executive Director’s motion for sanctions and recommended dismissal of the case. On July 5, 2016, the Commission issued a final order dismissing the case.