Alaska State Commission for Human Rights

The Alaska State Commission for Human Rights is the statewide civil and human rights enforcement agency in the state of Alaska. The current executive director is Marti Buscaglia.

Establishment

The Commission was established by the Alaska State Legislature in 1963 with a mandate to accept and investigate complaints, study the problems of discrimination in Alaska, and assess progress toward equal employment opportunity in Alaska state government departments.[1]

Purpose

The Alaska State Commission for Human Rights is the state agency that enforces the Alaska Human Rights Law, Alaska Statute 18.80.

The Alaska Human Rights Law makes it illegal to discriminate in employment, in places of public accommodation, in practices by the State or its political subdivisions, in the sale, lease or rental of real property, and in credit and financing practices because of race, religion, color, national origin, sex or physical or mental disability. In employment and some other situations, it is also illegal to discriminate on the basis of age, marital status, changes in marital status, pregnancy or parenthood.

The Human Rights Law also makes it illegal for an employer to retaliate against an employee for opposing any practice forbidden under the Human Rights Law, or because the person has filed a complaint, testified, or assisted in a proceeding under the Human Rights Law.

The Commission also assesses, at least once every three years, the progress made toward equal employment opportunity by every department of state government. Additionally, the Commission publishes an annual report describing its activities over the previous year.[2]

The Commission consists of seven commissioners appointed by the Governor and confirmed by the Legislature. The Commission employs a staff and maintains an office in Anchorage. The Commission has statewide powers and accepts and investigates complaints from individuals across all regions of the state.

Complaints

Any Alaskan who believes they have experienced discrimination on any of the bases covered under the jurisdiction of the Commission can contact the Commission about filing a complaint. Contact must be made within 180 days of the alleged act of discrimination. The complaint must be drafted, notarized and filed with the Commission within 180 days of the alleged discriminatory act. There are no monetary fees for Commission services.[3]

Investigations

The Commission impartially investigates the complainant’s allegations. During the investigation the Commission does not advocate for one side or the other. The Commission first sends a copy of the complaint to the Respondent (the person or business against whom discrimination is alleged). The Respondent may provide a written response to the Commission. The Commission will assign an investigator to the case, who will then interview witnesses, collect documents, and may visit the site of the alleged discrimination or gather evidence in other ways. The Commission also has the power to subpoena witnesses or documents, if it becomes necessary to do so.

After the investigation is complete, the Commission staff will issue a finding called a Determination. The Determination may conclude that: (1) the investigation did not find “substantial evidence” that discrimination occurred, and the complaint therefore will be dismissed; or (2) the investigation found “substantial evidence” exists that discrimination occurred, and the complaint will be referred for conciliation (settlement).

If the Commission staff finds substantial evidence to believe discrimination occurred, the Commission will immediately contact the parties and attempt to facilitate “conciliation” (settlement). The Respondent will be asked to cease the discriminatory act or practice. Respondent also may be asked to provide make-whole relief to the complainant, undergo training in the laws prohibiting discrimination, adopt an anti-discrimination policy, or take other actions necessary to remedy the discrimination uncovered during the investigation.

The Commission will dismiss the case after the parties have met the requirements set forth in the conciliation agreement. If an agreement cannot be reached, the Commission’s Executive Director will certify conciliation failure and may decide to file a formal Accusation and refer the case for public hearing.

Under the Alaska Human Rights Law, cases are confidential, and the Commission is prohibited from disclosing the names of parties or any records or information obtained during an investigation. If a case fails conciliation, the case is no longer considered confidential and may be referred for public hearing.

After conciliation failure, the records and information obtained during the investigation become available to the parties. The records of investigation may also be made available according to the rules of discovery if an action relating to the charge is filed in court.[4]

Activity

The State Commission for Human Rights meets on a quarterly basis.

Current Commissioners

Brandon Nakasato, Chair
Christa Bruce-Kotr, Vice Chair
Michele Christiansen
David Barton
Megan Mackiernan
Freddie Olin
Kathryn Dodge

See also

References

  1. ↑ "AS 18.80.060. Powers and Duties of the Commission". Alaska Legal Resource Center. Retrieved 23 September 2018.
  2. ↑ "Human Rights Commission Annual Reports". Alaska State Commission for Human Rights. Retrieved 23 September 2018.
  3. ↑ "Filing a Complaint with the Commission". Alaska State Commission for Human Rights. Retrieved 23 September 2018.
  4. ↑ "The Investigation Process". Alaska State Commission for Human Rights. Retrieved 23 September 2018.
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