Alaska Employment Law

The Alaska State Human Rights Commission has found that the Anchorage School District failed to negotiatiate a possible accommodation with a substitute teacher with visual disabilities.

This matter comes before the Alaska State Commission for Human Rights (ASCHR) on an allegation from Vilma Anderson that the respondent, Anchorage School District (ASD), violated a provision of the Alaska Human Rights Law (AHRL), AS 18.80.220, by failing to provide a reasonable accommodation for her visual impairment and blocking her from access to its Sub Finder system. This recommendation concludes that it was reasonable for the ASD to remove Ms. Anderson from its Sub Finder system provisionally, while it reviewed whether a reasonable accommodation was possible, but that the ASD erred when it removed her peremptorily, so as to terminate the interactive process. This conclusion is reached because, after a prima facie case was established for Ms. Anderson, the ASD did not establish by clear and convincing evidence all of the elements necessary to establish that its actions were required by business necessity or the reasonable demands of the position. The district also failed to establish that Ms. Anderson’s physical disability posed a direct threat to students.

The Commission adopted ALJ Rebecca Pauli’s recommendations, in large part, including the following:

Based on the reasoning and authorities set forth above, I recommend that the Alaska State Commission for Human Rights enter an order finding that the ASD discriminated against Ms. Anderson when it failed to explore whether Ms. Anderson’s disability could be reasonably accommodated. I recommend that the Alaska State Commission for Human Rights award Ms. Anderson “make whole” relief in the amount owing as of December 31, 2009, $44,607.42, with interest continuing to accrue at $3.9679 per day from January 1, 2010 until the Commission enters its final order. I also recommend that the ASD provide training to certain employees in the laws prohibiting discrimination in employment based on disability and that the parties be directed to engage in the interactive process to determine Ms. Anderson can be reasonably accommodated, as outlined in Part III-C-3 above.

Haley ex rel. Anderson v. Anchorage School District, OAH No. 09-0233-HRC (July 30, 2010)