Section 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.

Authorities

18.80.120

Notes

Implemented As

6 AAC 30.320
6 AAC 30.420
6 AAC 30.450
6 AAC 30.480
6 AAC 30.490
6 AAC 30.492
6 AAC 30.495
6 AAC 30.497
6 AAC 30.510
6 AAC 30.840
6 AAC 30.940
6 AAC 30.950
6 AAC 30.975

References

6 AAC 30.420
6 AAC 30.480
AS 18.80.120 Hearing.

History

(Sec. 1 ch 15 SLA 1963; am Sec. 4 ch 117 SLA 1965; am Sec. 4 - 6 ch 104 SLA 1975; am Sec. 6 - 8 ch 63 SLA 2006)