Alaska Stat. § 18.80.130
Order; interest rate
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Sec. 18.80.130. Order; interest rate.
(a) At the completion of the hearing or after consideration of a petition for summary decision under AS 18.80.120(e), if the commission finds that a person charged in an accusation has engaged in the discriminatory practice alleged in the accusation, it shall order the person to refrain from engaging in the discriminatory practice. The order must include findings of fact and may order the person to take affirmative action to correct the discriminatory practice. The commission may not order an award of noneconomic or punitive damages in a case. In a case involving a discriminatory practice in
(1) employment, the commission may order any appropriate relief, including one or more of the following: training of an employer, labor organization, or employment agency, and its employees concerning discriminatory practices; an accommodation for a person with a disability; removal of or changes to a personnel record; posting of signs; back pay; the hiring, reinstatement, or upgrading of an employee with or without back pay; the payment of front pay for a period of not more than one year if hiring, reinstatement, or upgrading of an employee is inappropriate because a vacancy does not exist, the employer's discriminatory practice rendered the employee incapable of returning to work, or the relationship between the employer and employee has so deteriorated as to make working conditions intolerable; restoration to membership in a labor organization; admission to or participation in an apprenticeship training program, on-the-job training program, or other retraining program; or restoration of seniority; however, an order for back pay or front pay must be reduced by the amount the employee could have earned or could earn by making reasonably diligent efforts to obtain similar employment;
(2) housing, the commission may order the sale, lease, or rental of the housing accommodation to the aggrieved person if it is still available, or the sale, lease, or rental of a like accommodation owned by the person charged in the accusation if one is still available, or the sale, lease, or rental of the next vacancy in a like accommodation, owned by the person charged in the accusation; the commission may award actual damages, which shall include the expenses incurred by the complainant for obtaining alternative housing or space; for storage of goods and effects; and for moving and other costs actually incurred as a result of the unlawful practice or violation.
(b) The order may require a report on the manner of compliance.
(c) If the commission finds that a person charged in an accusation has not engaged in the discriminatory practice alleged in the accusation, it shall issue and cause to be served on the complainant an order dismissing the complaint.
(d) A copy of the order shall be filed in all cases with the attorney general of this state.
(e) The commission may order payment of reasonable expenses, including reasonable attorney fees to any private party before the commission when the commission, in its discretion, determines the allowance is appropriate.
(f) The interest rate for an award under this section is determined in the manner provided in AS 09.30.070.
(a) At the completion of the hearing or after consideration of a petition for summary decision under AS 18.80.120(e), if the commission finds that a person charged in an accusation has engaged in the discriminatory practice alleged in the accusation, it shall order the person to refrain from engaging in the discriminatory practice. The order must include findings of fact and may order the person to take affirmative action to correct the discriminatory practice. The commission may not order an award of noneconomic or punitive damages in a case. In a case involving a discriminatory practice in
(1) employment, the commission may order any appropriate relief, including one or more of the following: training of an employer, labor organization, or employment agency, and its employees concerning discriminatory practices; an accommodation for a person with a disability; removal of or changes to a personnel record; posting of signs; back pay; the hiring, reinstatement, or upgrading of an employee with or without back pay; the payment of front pay for a period of not more than one year if hiring, reinstatement, or upgrading of an employee is inappropriate because a vacancy does not exist, the employer's discriminatory practice rendered the employee incapable of returning to work, or the relationship between the employer and employee has so deteriorated as to make working conditions intolerable; restoration to membership in a labor organization; admission to or participation in an apprenticeship training program, on-the-job training program, or other retraining program; or restoration of seniority; however, an order for back pay or front pay must be reduced by the amount the employee could have earned or could earn by making reasonably diligent efforts to obtain similar employment;
(2) housing, the commission may order the sale, lease, or rental of the housing accommodation to the aggrieved person if it is still available, or the sale, lease, or rental of a like accommodation owned by the person charged in the accusation if one is still available, or the sale, lease, or rental of the next vacancy in a like accommodation, owned by the person charged in the accusation; the commission may award actual damages, which shall include the expenses incurred by the complainant for obtaining alternative housing or space; for storage of goods and effects; and for moving and other costs actually incurred as a result of the unlawful practice or violation.
(b) The order may require a report on the manner of compliance.
(c) If the commission finds that a person charged in an accusation has not engaged in the discriminatory practice alleged in the accusation, it shall issue and cause to be served on the complainant an order dismissing the complaint.
(d) A copy of the order shall be filed in all cases with the attorney general of this state.
(e) The commission may order payment of reasonable expenses, including reasonable attorney fees to any private party before the commission when the commission, in its discretion, determines the allowance is appropriate.
(f) The interest rate for an award under this section is determined in the manner provided in AS 09.30.070.
Notes of Decisions
Cited in 10
cases, 1976–2020 · leading case: McDaniel v. Cory
McDaniel v. Cory (1981)
“AS 18.80.130 [16] originally authorized *87 the Commission to issue orders to enjoin prohibited discriminatory conduct, but it neither specifically provided for nor prohibited the awarding of damages with the exception of back pay.”
Beegan v. State, Department of Transportation & Public Facilities (2008)
“Beegan as authorized by AS 18.80.130(2)(1)," his claims for back pay damages were barred by collateral estoppel.”
Johnson v. Alaska State Department of Fish & Game (1991)
“) Plainly, the remedial powers that this statute grants to the superior court are broader than the specific powers that AS 18.80.130 grants to the Commission. Indeed, the extraordinary difference between remedies available before the Commission and remedies available before the…”
Pyramid Printing Co. v. Alaska State Commission for Human Rights (2007)
“Additionally, the legislature has recently amended AS 18.80.130 to specifically include "training of an employer, labor organization, or employment agency, and its employees concerning discriminatory practice" within the scope of appropriate relief.”
Ace Delivery & Moving, Inc. v. Alaska State Commission for Human Rights (2015)
“He relied on AS 18.80.130(e), which allows an award of attorney's fees in the Commission's discretion, and on a regulation adopted under that statute, 6 Alaska Administrative Code (AAC) 30.”
Hotel, Motel, Restaurant, Construction Camp Employees & Bartenders Union Local 879 v. Thomas (1976)
“,AS 18.80.130. 11 . Thus, in Loomis Electronic Protection, Inc.”
Adams v. Pipeliners Union 798 (1985)
“AS 18.80.130(a)(1) governs the remedies which the Commission may impose.”
State, Department of Fish & Game, Sport Fish Division v. Meyer (1995)
“AS 18.80.130. The order is reviewable in court in accordance with Alaska’s Administrative Procedure Act.”
Hotel & Restaurant Union Local 878 v. Alaska State Commission for Human Rights (1979)
“120, entitled “Hearing,” provides for a hearing before the Commission if informal efforts by the executive director to eliminate alleged discrimination are unsuccessful.”
Russell Baker v. Alaska State Commission for Human Rights and Federal Express Corporation (2020)
“120); describe the enforcement mechanisms that the Commission can utilize if the hearing produces a finding of discrimination (AS 18.80.130); and describe the overall purpose of the Commission (AS 18.”
— Alaska Stat. § 18.80.130(2)(1) — 1 case
Beegan v. State, Department of Transportation & Public Facilities (2008)
“Beegan as authorized by AS 18.80.130(2)(1)," his claims for back pay damages were barred by collateral estoppel.”
— Alaska Stat. § 18.80.130(a) — 4 cases
Beegan v. State, Department of Transportation & Public Facilities (2008)
“Beegan as authorized by AS 18.80.130(2)(1)," his claims for back pay damages were barred by collateral estoppel.”
McDaniel v. Cory (1981)
“AS 18.80.130 [16] originally authorized *87 the Commission to issue orders to enjoin prohibited discriminatory conduct, but it neither specifically provided for nor prohibited the awarding of damages with the exception of back pay.”
Johnson v. Alaska State Department of Fish & Game (1991)
“) Plainly, the remedial powers that this statute grants to the superior court are broader than the specific powers that AS 18.80.130 grants to the Commission. Indeed, the extraordinary difference between remedies available before the Commission and remedies available before the…”
Pyramid Printing Co. v. Alaska State Commission for Human Rights (2007)
“Additionally, the legislature has recently amended AS 18.80.130 to specifically include "training of an employer, labor organization, or employment agency, and its employees concerning discriminatory practice" within the scope of appropriate relief.”
— Alaska Stat. § 18.80.130(a)(1) — 4 cases
Beegan v. State, Department of Transportation & Public Facilities (2008)
“Beegan as authorized by AS 18.80.130(2)(1)," his claims for back pay damages were barred by collateral estoppel.”
McDaniel v. Cory (1981)
“AS 18.80.130 [16] originally authorized *87 the Commission to issue orders to enjoin prohibited discriminatory conduct, but it neither specifically provided for nor prohibited the awarding of damages with the exception of back pay.”
Johnson v. Alaska State Department of Fish & Game (1991)
“) Plainly, the remedial powers that this statute grants to the superior court are broader than the specific powers that AS 18.80.130 grants to the Commission. Indeed, the extraordinary difference between remedies available before the Commission and remedies available before the…”
Adams v. Pipeliners Union 798 (1985)
“AS 18.80.130(a)(1) governs the remedies which the Commission may impose.”
— Alaska Stat. § 18.80.130(a)(2) — 1 case
McDaniel v. Cory (1981)
“AS 18.80.130 [16] originally authorized *87 the Commission to issue orders to enjoin prohibited discriminatory conduct, but it neither specifically provided for nor prohibited the awarding of damages with the exception of back pay.”
— Alaska Stat. § 18.80.130(e) — 2 cases
McDaniel v. Cory (1981)
“AS 18.80.130 [16] originally authorized *87 the Commission to issue orders to enjoin prohibited discriminatory conduct, but it neither specifically provided for nor prohibited the awarding of damages with the exception of back pay.”
Ace Delivery & Moving, Inc. v. Alaska State Commission for Human Rights (2015)
“He relied on AS 18.80.130(e), which allows an award of attorney's fees in the Commission's discretion, and on a regulation adopted under that statute, 6 Alaska Administrative Code (AAC) 30.”
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