Public Hearing Summaries – Commission For Human Rights

In Francis Roach vs. Friendship Mission, complainant alleged that respondent discriminated against him based on his disability when respondent refused his service dog admission into its homeless shelter. The parties agreed that the case should be subject to summary adjudication and briefing. On July 18, 2017, the ALJ issued a recommended decision finding that respondent was not a “place of public accommodation” and recommending dismissal of the case. The Executive Director filed an objection on August 25, 2017, asserting that the obligation to interpret the Human Rights Law broadly, which would compel assessment of the relevant facts in each case. In a revised recommended decision issued on August 29, 2017, the ALJ reached the same conclusion. The Commission dismissed the case on October 30, 2017, noting that the decision was limited to the facts of this particular case and did not establish a broad rule regarding public accommodation provisions to homeless shelters.

In Jessica Walker vs. Trident Seafoods Corporation, complainant alleged that respondent discriminated against her based on her pregnancy when it terminated her employment after learning that she was pregnant. Although respondent offered complainant a different position, it was not comparable in terms of hours or compensation. The parties reached a settlement on September 10, 2018 and complainant was paid $8,000 as part of the agreement. Upon completion of the remaining terms of the agreement the case was closed.

In Boris Sar vs. Federal Express Corporation, complainant alleged that respondent discriminated against him based on his disability when it refused to hire him as a courier because he is deaf. On October 10, 2017, the parties reached a settlement under which complainant received $20,000 in supplemental wages. The Commission dismissed the case on November 9, 2017.

In Claude Blake vs. Sumitomo Metal Mining Pogo, LLC, complainant alleged that respondent discriminated against him on the basis of his race, African-American, and age, fifty-one, when it refused to hire him into a permanent full-time surface equipment operator position. Complainant also alleged that he was subjected to a hostile work environment because of his race. A hearing scheduled for November 14-16, 2016 was vacated when the parties agreed to settle the case. The parties executed a settlement agreement in which respondent agreed to pay complainant $70,000 in back pay and to provide training to its managers, supervisors, and employees on the laws prohibiting discrimination in employment. A settlement agreement was approved on June 2, 2016 in which Complainant received a settlement of $70,000. An Order Granting Motion to Dismiss was issued on June 26, 2016 closing the case upon completion of all terms of the settlement agreement.

In America Sullivan vs. Personnel Plus Employment Agency, LLC, complainant alleged that respondent discriminated against her because of her pregnancy when it eliminated her position and terminated her employment after learning that she was pregnant. The parties reached an agreed settlement, which was approved on September 7, 2018. Complainant received $34,000 and the case was closed when respondent met the remaining terms of the agreement.

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.