Alaska Employment Law

In an employment action against an ANCSA village corporation, U S District Judge Timothy Burgess has held that Section 1981 is available against an ANCSA corporation, thus rejecting the claim that the Title VII exemption for Native corporations must extend to Section 1981. Burgess held that a plaintiff may succeed in a disparate treatment claim against an ANCSA corporation if she or he shows that the employer favored only some ANCSA shareholders (for instance, those who are Alaska Native). Thus, if an ANCSA corporation discriminated against non-Native shareholders who obtained shares through inheritance, Burgess would find Section 1981 liability.

In the same case, BAurgess also granted summary judgment for the employer on its executive exemption defense in a companion AWHA claim, relying in part on the plaintiff’s expansive description of his duties on his resume.

Becker v. Kikiktagruyk Inupiat Corporation, Case No. 3:09-cv-000015-TMB (D.Alaska Order of Aug. 12, 2010)

Moshe and Isaac Zorea represent the plaintiff. Ted Wellman and Michael Broadwell of Davis Wright represent the ANCSA corporation. All practice in Anchorage.