labor lawAdivision of labor law center

On September 9, 2006 new legislation becomes effective to clarify and streamline the current investigation and hearing procedures of the Alaska Commission on Human Rights. The new law clarifies and streamlines the current investigation and hearing procedures of the commission. The commission has the power to investigate and hold hearings on human rights violation complaints.

Under the new provisions, the commission can order reinstatement of the employees’ position and award back pay but clearly lays out that the Commission does not have the authority to award either “non-economic” damages for emotional distress or punitive damages. As has been the case in the past, persons with complaints of discrimination are permitted to seek damages that include emotional distress or punitive damages in the civil court system. Individuals with complainants must act quickly because the statue of limitations under Alaska law is one year. Federal courts still require that all “administrative actions” be exhausted before accepting discrimination lawsuits.

Under Alaska law when proceedings in the superior court are deferred for a hearing and decision by the commission, the plaintiff may proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review whether or not the person was a party to, or complainant in, the commission proceedings.

The Alaska State Commission for Human Rights is the state agency that enforces the Alaska Human Rights Law. The Commission consists of seven persons 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 complaints from all regions of the state.

The commission staff accepts complaints of discrimination from persons alleging violations of Alaska Human Rights Law, investigates complaints, conciliates violations, and/or dismisses complainants when no violation of Alaska Human Rights Law has occurred.
The Alaska State Commission for Human Rights holds public hearings to consider cases where conciliation efforts have failed and may order back pay and reinstatement to complainants and the elimination of discriminatory practices. It decisions and orders are enforced through the Alaska Courts.

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