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Alaska StateCommission For Human Rights

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Public Hearing Summaries

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., A female supervisor filed a complaint with the Commission alleging she was discriminated against based on her sex and her employer retaliated against her for reporting sexual harassment of another employee by a male supervisor. An investigation found substantial evidence supporting the complaint. Respondent requested mediation but when it was unsuccessful an accusation was filed with the Commission on March 25, 2020. The parties reached a settlement on March 23, 2021, in which Complainant received a confidential monetary amount. The Commission closed the file on August 3, 2021, upon Respondent’s completing the remaining settlement terms.

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.

In Candice Gardner vs. North Slope Borough School District, Nuiqsut Trapper School, a teacher filed a complaint alleging discrimination based on her race. She was the only black teacher at the school and in the community, and allegedly faced increasing race-related incidents, including a racial epithet spray-painted on the outside of the school. Complainant reported fear of returning to the community and school because while on approved leave she received a photo of a rope one of her students shaped into a circle and held over another student’s head claiming it was for Gardner. Complainant further alleged constructive discharge when her reports were not taken seriously. Commission staff reviewed both claims and found substantial evidence of discrimination and retaliation. Efforts to settle this matter failed and an Accusation was filed with the Commission on August 24, 2020. Complainant subsequently withdrew her claim to pursue a private action. The Executive Director substituted to pursue the Commission’s public policy concerns. Conciliation failed a second time, and an Accusation was subsequently filed. As of March 31, 2022, efforts to settle the matter were ongoing, and a hearing was scheduled to begin August 8, 2022.