Public Hearing Summaries – Commission For Human Rights

In Steven Govatos vs. ASRC Energy Services Alaska, Inc., complainant alleged that respondent discriminated against him by refusing to accommodate his mental disability. When complainant refused to change his prescribed medication respondent terminated his employment. . Prior to the scheduled hearing a settlement agreement was approved on April 30, 2018 and complainant received $45,000 for lost wages. Upon completion of all terms of the settlement, a motion to dismiss was granted on October 5, 2018 and the case was closed.

In Randall Danes vs. State of Alaska, Dept. of Corrections, Division of Institutions, complainant alleged that respondent discriminated against him based on his physical disability when it denied complainant’s requests for a sign language interpreter to allow him the same benefits offered to other inmates. A settlement was approved on April 12, 2017. Upon completion of all terms of the agreement, the file was closed on January 30, 2018.

In Charlie Kanayurak vs. North Slope Borough Fire Department, complainant alleged that respondent discriminated against him based on his parenthood and his association with a person with a physical disability. Complainant alleged he was not treated the same as other employees under similar circumstances. Prior to the scheduled hearing a settlement agreement was approved on April 30, 2018. Complainant was paid $224.64 and after respondent met all terms of the agreement, the case was closed.

In Jetta Haynes vs. Lily's Family Restaurant, The complainant alleged one of Respondent’s owners subjected her to unwelcome physical contact, including sexual assault. Commission staff discovered another female employee had also been subjected to sexual harassment. An accusation was filed on December 19, 2016. The Commission issued a Final Order on September 28, 2017, awarding Complainant $15,179.18. In January 2019, Complainant advised the Commission that she had not received the financial settlement from Respondent. After failed attempts to contact Respondent, the Commission moved for and received a Final Judgment from Alaska Superior Court in the amount of $16,895.88, plus post-judgment interest at 6%. On both June 18, 2019, and June 10, 2020, the Commission filed writs of execution for garnishment of the owners’ Permanent Fund Dividends. Dividends for Respondent’s two owners were garnished November 21, 2019, and March 2, 2020, for a total amount paid to Complainant to date of $4,547.60. The Commission filed for a bank sweep of all banks and credit unions in the Anchorage – Mat-Su area for the remaining judgment balance. The process server notified the Commission no funds were located. The complainant was notified on April 22, 2021, that the Commission exhausted all collection remedies, and the file was closed. A second bank sweep was performed in February 2022 but still, no funds were seized. A final effort will be made in October 2022 to seize PFD funds.

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.