Public Hearing Summaries – Commission For Human Rights

In Joseph Locke vs. Peter's Sushi Spot, Complainant Joseph Locke alleged Peter’s Sushi Spot discriminated against him by treating him as disabled. Locke’s temporary medical condition required him to wear a foot brace, and when he went to the restaurant to collect his tips, the business’s owner observed him wearing a brace and later told him not to come to work due to the brace. Despite Complainant’s efforts to reassure the owner that he was able to continue working when he arrived for his next scheduled shift, he found other employees covering his shift. An investigation by Commission staff found substantial evidence of Locke’s claim. Conciliation attempts failed, and an Accusation was filed with the Commission on June 23, 2021. The parties attended a judicial mediation conference on October 7, 2021. As of March 31, 2022, efforts to reach a mediated settlement agreement were ongoing.

In Astin Frazier vs. Oriental Garden, Complainant Astin Frazier alleged that Oriental Garden discriminated against her based on her race, national origin, and color. Oriental Garden hired Complainant as a waitress and terminated her employment two weeks later at the conclusion of her probationary period. She alleged that when the restaurant’s chef informed her of her termination, the chef implied that Frazier did not demonstrate sufficient familiarity with the menu because she was a person of non-Asian heritage and therefore, would be better suited to working in a non-Asian restaurant. Oriental Garden asserted that Complainant did not meet performance expectations during her probationary period. An investigation by Commission staff found substantial evidence of the Complainant’s claim. When conciliation attempts failed, the Commission filed an Accusation on May 10, 2021. After Complainant advised that she is in the process of changing careers and did not want to appear as a witness at the hearing due to fears it could affect her future employment, a motion to dismiss was filed on March 23, 2022.

In Dorothy Cole vs. ABC Motorhome Rentals, Inc., Complainant alleged a male coworker (a registered sex offender) subjected her to inappropriate sexual comments and gestures. Commission staff found that Complainant’s allegations of discrimination were supported by substantial evidence and that Respondent retaliated against her for complaining about the harassment. Attempts to conciliate were unsuccessful and an Accusation was filed July 15, 2019. Although conciliation also failed, the parties reached a settlement and the agreement was approved April 8, 2020. Complainant received back pay in the amount of $10,000. Respondent completed training and the other remaining settlement terms. The case was dismissed and the file closed October 20, 2020.

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.