Alaska Employment Law

The Alaska Human Rights Act provides: “The acquittal of a person by the commission or a court of competent jurisdiction of any alleged violation of this chapter is a bar to any other action, civil or criminal, based on the same act or omission.”  AS 18.80.280.  If the Human Rights Commission closes a case after finding no substantial evidence, may the employee still file an original Title 18 action in Superior Court?  

The Alaska Supreme Court this morning unanimously holds that the administrative closure was not an “acquittal” under the statute.  Nor, the Court continues, was it a dismissal with prejudice.  The Court thus reversed Superior Court Judge Sharon Gleason’s ruling, and remanded for further proceedings.

Justice Dan Winfree wrote the opinion, his first on employment law. 

Parson v. State, Department of Revenue, AHFC, Op. No. 6288 (Alaska July 25, 2008)

The late Neil Kennelly and Ted Stepovich represented the employee.  Richard Postma and Margaret Paton-Walsh from the AG’s Office represented AHFC.