title 18

Alaska Supreme Court: Exhaustion of Internal Remedies

Will Schendel
December 24, 2008 19:05

In an unpublished memorandum decision, the Alaska Supreme Court reversed Anchorage Superior Court Judge William Morse, and held that a State employee had, in fact, exhausted her grievance remedies under the APEA union contract.  The Court remanded the implied covenant claim to Morse for a d...

Alaska Supreme Court: The Human Rights Act and Estoppel

Will Schendel
October 31, 2008 18:13

The Alaska Supreme Court (per Fabe, C. J.) this Friday morning unanimously reversed Anchorage Superior Court Judge Sharon Gleason in a Title 18 case.  The Supreme Court’s opinion narrows the circumstances under which a Human Rights Commission’s agency decision will preclude an in...

Alaska Supreme Court: Later-Disciplined Employees May Be Appropriate Comparators

Will Schendel
September 29, 2008 21:07

The Alaska Supreme Court (per Justice Winfree) has held that a disciplined employee may look to the employer’s subsequent discipline of other employees for comparison under the objective wing of the covenant of good faith and fair dealing.  In so ruling, the Court relied on Title VII ...

DAlaska: Collateral Estoppel in Title VII and Title 18

Will Schendel
August 15, 2008 17:34

U. S. District Judge Timothy Burgess has accorded collateral estoppel effect to Superior Court judgments affirming the Alaska Human Right Commission’s dismissal of charges for lack of substantial evidence.  Elsa Billingham had filed ASCHR and EEOC charges alleging that the State had ...

Alaska Supreme Court: ASCHR Closure for Lack of Evidence Does Not Bar Original Action in Superior Court

Will Schendel
July 25, 2008 18:09

The Alaska Human Rights Act provides: “The acquittal of a person by the commission or a court of competent jurisdiction of any alleged violation of this chapter is a bar to any other action, civil or criminal, based on the same act or omission.”  AS 18.80.280.  If the Human Rights C...