Alaska Employment Law

The Alaska State Human Rights Commission has determined that Alaska Sales and Services, Inc. denied a promotion to an African-American man because of his race.  The Commission awarded substantial damages.

Larry Flakes applied for a promotion from sales representative to “team leader” in 2002.   After he was denied the position, he filed charges with the Commission, which held a hearing on the matter in late 2008.   In her recommended decision, ALJ Kay Howard, from the Office of Administrative Hearings, found that the employer’s rationale for the denial (chronic absenteeism) was a pretext for racial discrimination, in part because of an inculpatory statement by an AS&S manager.   Howard also rejected the employer’s reliance on its promotion of Asian-Americans to show non-bias toward African-Americans. 

The Commission awarded $103,000 in damages for the period 2002-2007, plus pre- and post-judgment interest at 3.5 %.  It modified the ALJ’s recommended damages figure, in part by using the Medicare/FICA entry, rather than the taxable wages entry, on Flakes’ W-2, for purposes of calculating net wage loss.

Haley v. Alaska Sales and Service, Inc., OAH Case No. 07-0190-HRC (Nov. 13, 2009)

Caitlin Shortell, staff attorney, represented the Commission.  Peter Partnow represented the employer.

(I have no idea why OAH delayed so long in posting the decision.)