Alaska Employment Law

Title VII HWE:  In the on-going litigation over claims that NEA-Alaska employees suffered a hostile work environment, U. S. District Judge Ralph Beistline has denied the union’s summary judgment motion, finding that the claims of Fairbanks UNISERV director Denise Poole were almost identical to the HWE claims of another NEA-Alaska employee, whose complaint survived an appeal to the 9th Circuit.  See EEOC and Christopher v. NEA, Alaska, 422 F.3d 840 (9th Cir. 2005).   Beistline quoted a recent 9th Circuit case: “[W]here the severity of frequent abuse is questionable, it is more appropriate to leave the assessment to the fact-finder than for the court to decide the case on summary judgment.” 

EEOC and Poole v. NEA-Alaska, Case No. 3:07-cv-0197-RRB (D.Alaska Order of Apr. 7, 2009). 

Former Anchorage attorney Terry Venneberg, now of Gig Harbor, Washington, represents Plaintiff-Intervenor Poole.  NEA-Alaska’s local counsel are Leslie Longenbaugh of Juneau, and Paul Kelly of Anchorage.

Section 1983 defamation:  Judge Beistline has also dismissed the Section 1983 claim of the former manager of an Anchorage bar, the Panhandle, who alleged that Anchorage Mayor Mark Begich and former Police Chief Walter Monegan’s public comments in the campaign to clean up Fourth Avenue caused the loss of her job.  Beistline said:

even if the Court assumes the truth of Plaintiff’s factual allegations, they fail to satisfy the “stigma-plus” test [of Paul v. Davis, 424 U.S. 693 (1976), because “injuries caused by a third party’s response to government statements are not cognizable under § 1983.”

Milstead v. Begich, Case No. 3:08-cv-0100-RRB (D.Alaska Order of Jan. 6, 2009).

Beistline awarded the defendants $3,000 in fees.  The employee has appealed.

William Large of Anchorage represents the employee.  Joyce Weaver Johnson of the Municipal Attorneys Office represents the city officials.

Survey of Game Board discipline:  A recent opinion from the Big Game Commercial Services Board summarizes the discipline imposed on guide-outfitters for various violations.  In re James A. Smith, OAH No. 08-0424-GUI (OAH Mar. 24, 2009).  See Appendix A.