Section 18.80.145. Intervention by State Commission for Human Rights.

   (a) When an action is brought under AS 22.10.020(i), the plaintiff shall serve a copy of the complaint on the commission.  Upon timely application, the commission may intervene as a party to the action as a matter of right. If the commission certifies in writing to the court that it is presently investigating or actively dealing with the act, practice, or policy of the defendant giving rise to the cause of action, the court shall, at the request of the commission, defer proceedings for a period of not more than 45 days or such extended period as the court may allow; except that the court may enter an order or injunction if necessary to prevent irreparable injury to the plaintiff.
   (b) If, within the period allowed, a hearing is conducted and a decision is reached under AS 18.80.120 and 18.80.130, the decision of the commission is binding on the parties to the court action as to all issues resolved in the hearing but not as to any issues not resolved in the hearing.
   (c) When proceedings in the superior court are deferred for a hearing and decision under this section, the plaintiff may proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review under AS 18.80.135, whether or not the person was a party to, or complainant in, the administrative proceedings.
   (d) If the commission does not intervene or file a certificate and conduct a hearing as provided in this section, the court has complete jurisdiction of the case, notwithstanding the provisions of AS 18.80.280.

Notes

Recent Bills that will modify this

HB 296 WAGE DISCRIMINATION BASED ON GENDER
SB 153 WAGE DISCRIMINATION BASED ON GENDER

Implemented As

6 AAC 30.910
6 AAC 30.920

History

(Sec. 2 ch 240 SLA 1970; am Sec. 37, 38 ch 163 SLA 2004)