Monday, December 7th, 2009...1:29 am
ASCHR: Disability Discrimination and Retaliation
The Alaska State Commission on Human Rights has issued a mixed decision on discrimination and retaliation claims under the disabilities provision of AS 18.80.220. The Commission adopted, without amendment, the following recommendation from Administrative Judge Rebecca Pauli:
This recommendation concludes that the employer is not liable for failing to accommodate Ms. Block’s disability because she did not request the accommodation she desired until just before that accommodation was in fact provided. However, it concludes that Pulse Publications impermissibly retaliated against Ms. Block for seeking an accommodation and for making a complaint to the ASCHR. It recommends that Pulse Publications be ordered to refrain from retaliatory conduct in the future and that it be required to pay damages in the principal amount of $2,160.00, together with interest at 3.5 percent per annum.
Haley ex rel. Block v. Charlie Parello dba Pulse Publications, OAH No. 07-0665-HRC (ASCHR Nov. 24, 2009)
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