Public Hearing Summaries – Commission For Human Rights

In Sydney Peterson vs. Sullivan's Steakhouse, the Executive Director and two individual complainants filed three separate complaints against respondent, alleging that respondent terminated the employment of at least five employees, including Mr. Carle and Ms. Peterson, because they were under the age of eighteen. A hearing was held on May 4–7, 2015. On June 14, 2016, the ALJ issued a recommended decision finding that the Human Rights Law does not protect persons under eighteen from age discrimination. The Executive Director filed objections to the recommended decision on June 30, 2016. The ALJ did not rule on the objections and forwarded the unchanged recommendation to the Commission on November 29, 2016. The Commission remanded the case back to OAH on 2/27/2017. A recommended remedial order was issued 6/19/2017. The Executive Director filed her objections to the recommended decision on 7/20/2017. In the Response to Objections dated November 28, 2017, the ALJ recommended that the Commission adopt the damage calculations in the revised recommended order of the same date. On December 13, 2017, the Executive Director filed a Request for Ruling on Jurisdiction and issued its Final Order on May 8, 2018 adopting the proposed order filed on March 8, 2018. In addition to complainant’s payment of $2,065.54, three other employees received settlements.

In Joyce Miguel vs. J&M Co., Ltd., d/b/a Yummy Yummy Korean BBQ, complainant alleged that respondent refused to hire her as a cashier because of her age, forty, and her race, Caucasian. A public hearing in the case was scheduled for April 23–24, 2015. The parties reached an agreement to pay complainant $2,280.63 in settlement and to train the owners and managers on the laws prohibiting discrimination in employment. After respondent complied with the terms of the settlement the executive director requested dismissal and the Commission issued an order dismissing the case on August 24, 2015.

In Jennifer Bozine nka Jennifer Thorne vs. Alaska Sales and Service, Inc., complainant alleged that she was discriminated against because of her sex when she was involuntarily transferred out of respondent’s body shop while a less experienced male coworker was not transferred, and that she was forced to resign because she was prevented from pursuing her career as an automobile body painter. A hearing was held on March 2–3, 2015. On September 23, 2015, the administrative law judge issued a decision recommending dismissal of the case. The hearing commissioners adopted the ALJ’s recommended decision and a Final Order was issued closing the case on February 29, 2016.

In Makaen Serr vs. I.C.E. Services, Inc., complainant alleged that respondent treated her as a person with a disability when it terminated her employment as a dishwasher working at respondent’s facility on the North Slope. Complainant asserted that she was fully capable of performing her job and that she was considered a valuable employee by her superiors in the company. A hearing scheduled for February 24–25, 2015 was continued after the parties entered into a settlement in which respondent agreed to pay complainant $60,000 and to obtain training for its supervisors and managers on the provisions of the Human Rights Law prohibiting discrimination on the basis of disability, and the obligation to provide reasonable accommodations to employees with disabilities. On October 11, 2016, the Executive Director filed an unopposed motion to dismiss the case after the terms of the agreement were substantially satisfied, and the Commission granted the motion on October 14, 2016.

In Daniel Morgan vs. American President Lines, Ltd., complainant, a longshoreman, alleged that respondent refused to provide him with crane operator training because of his age, fifty-six. A public hearing scheduled for February 26–27, 2015, was continued when the parties reached a settlement. After respondent satisfied the terms of the settlement the executive director requested dismissal of the case. The Commission issued an order dismissing the case on June 8, 2015.

In Doretta Wheeler vs. SOA, Dept. of Health and Social Services, Division of Alaska Pioneer Homes, complainant alleged that respondent discriminated against her because of her age, fifty-eight, and disability when it terminated her employment and subsequently refused to rehire her. A hearing was held on January 6–9, 2015. On October 30, 2015, the administrative law judge recommended that the Commission find that respondent discriminated against Ms. Wheeler and award her $84,716 in back pay, plus interest, and conduct training on the provisions of the Human Rights Law. On March 7, 2016, the Commission adopted the recommendation on back pay and, in addition, ordered the Respondent reinstate Ms. Wheeler to her position. The case was appealed to Superior Court on 3/30/2016 and a decision was issued 8/2/2017 affirming the Commission's decision.

In Candice Schuyler vs. Era Aviation, Inc. & HoTH, Inc., dba Era Alas, complainant, a flight attendant, alleged that she was discriminated against based on her age, sex and perception of physical disability when she was terminated while on leave recovering from an on-the-job injury. Ms. Schuyler was expected to fully recover after two months but was terminated after one month of leave. Before a hearing was scheduled, the parties reached an agreement to settle the case in which respondent agreed to provide training to its managers and supervisors on the provisions of the Human Rights Law. After respondent complied with the terms of the settlement the executive director requested dismissal of the case. The Commission issued an order dismissing the case on June 5, 2015.