Alaska State Commission for Human Rights (ASCHR) Charge of Discrimination - Preparation Worksheet

ALASKA HUMAN RIGHTS COMPLAINT PREPARATION WORKSHEET

Important — This Is Not the Commission's Official Complaint

The Alaska State Commission for Human Rights (ASCHR) states that Commission staff help determine whether a complaint may be filed, draft the formal complaint, and prepare it for signature and filing. Use this worksheet to organize facts for ASCHR and counsel. Do not submit it as a substitute for the Commission-prepared complaint unless ASCHR expressly instructs you to do so.

Under 6 AAC 30.230, a non-continuing complaint must be filed no later than 300 days after the alleged act. A continuing-practice complaint must be filed no later than 300 days after the practice stopped. The filing date is the earlier of the postmark or Commission receipt. Contact ASCHR immediately; do not wait for the deadline.

1. Commission Contact and Filing Profile

Alaska State Commission for Human Rights

1901 Bragaw Street, Suite 300

Anchorage, Alaska 99508

Main / complaints: (907) 274-4692

Toll-free: (800) 478-4692

Email: [email protected]

Website: https://humanrights.alaska.gov/

6 AAC 30.210 permits a complaint in person, by mail, or in electronic form at a Commission office. Ask ASCHR for the current electronic filing method. Commission staff furnish free notary service.

2. Complainant Information

An attorney represents a complainant before ASCHR by filing a notice of appearance with Commission staff under 6 AAC 30.210(e).

3. Respondent Information

4. State-Law Area and Alleged Basis

Area

☐ Employment — AS 18.80.220

☐ Place of public accommodation — AS 18.80.230

☐ Sale, lease, or rental of real property — AS 18.80.240

☐ Financing or credit — AS 18.80.250

☐ State or political-subdivision services, funds, goods, facilities, advantages, or privileges — AS 18.80.255

☐ Aiding, abetting, inciting, compelling, coercing, or attempting a violation — AS 18.80.260

Alleged Basis

The protected bases vary by the statutory area and sometimes by the particular act alleged. Check only the bases that ASCHR or Alaska counsel confirms apply.

☐ Race

☐ Religion / creed

☐ Color

☐ National origin

☐ Sex

☐ Age

☐ Physical disability

☐ Mental disability

☐ Marital status

☐ Change in marital status

☐ Pregnancy

☐ Parenthood

☐ Employment retaliation for opposing a forbidden practice or filing, testifying, or assisting in an AS 18.80 proceeding — AS 18.80.220(a)(4)

☐ Other federal, municipal, or contractual basis to review separately: [________________________________]

Do not assume that a federal or municipal protected basis is also an enumerated AS 18.80 basis. State, federal, local, union, and employer procedures may have different coverage and deadlines.

5. Required Complaint Information — 6 AAC 30.210(c)

A. Harm Experienced

Describe the specific employment, service, housing, financing, or government action and its effect:

[____________________________________________________________]

[____________________________________________________________]

B. Why the Action Was Discriminatory

State the facts supporting the connection between the action and the protected basis. Identify statements, timing, comparators, patterns, policy language, or other evidence without guessing:

[____________________________________________________________]

[____________________________________________________________]

C. Respondent's Stated Reason

What reason did the respondent give, who gave it, when, and by what method?

[____________________________________________________________]

D. Dates and Continuing Practice

If a continuing practice is alleged, describe when it began, each later act, and whether it has stopped:

[____________________________________________________________]

E. Other People Allegedly Harmed in the Same Manner

6 AAC 30.210(c)(6) calls for enough detail for Commission staff to identify similarly aggrieved people through investigation where appropriate.

6. Detailed Chronology

Use one row for each important event. Preserve exact words where relevant and distinguish personal knowledge from information received from someone else.

7. Comparators, Policies, and Notice

8. Witnesses and Evidence

Witnesses

Documents and Other Evidence

☐ Application, offer, contract, lease, loan, or service record

☐ Policies, handbooks, advertisements, notices, or eligibility criteria

☐ Emails, texts, letters, messages, or recordings lawfully obtained

☐ Performance, discipline, pay, promotion, or termination records

☐ Accommodation request and supporting communications

☐ Housing, service, financing, or government-benefit records

☐ Comparator records or identifying information

☐ Photographs, video, or physical evidence

☐ Internal complaint, grievance, appeal, and response

☐ Damages and expense records

☐ Other: [________________________________]

Preserve originals and metadata. Give ASCHR or counsel copies in the format requested; do not alter evidence.

9. Requested Corrective Relief

The Commission's authority depends on the case type and proof. Under AS 18.80.130, a Commission order may require the respondent to stop the practice and take affirmative corrective action. Employment relief may include training, accommodation, record correction, back pay, hiring, reinstatement, upgrading, limited front pay, or related relief. Housing relief may include an available accommodation and specified actual expenses. Reasonable expenses and attorney fees are discretionary under AS 18.80.130(e).

The Commission may not award noneconomic or punitive damages. Do not request those as Commission remedies in the formal complaint.

☐ Stop the alleged discriminatory practice

☐ Hiring, reinstatement, promotion, or other employment action

☐ Back pay or benefits

☐ Accommodation

☐ Correction or removal of a record

☐ Training, policy change, or posting

☐ Housing availability or actual housing-related expenses

☐ Other affirmative relief within ASCHR authority: [________________________________]

☐ Separate court or federal remedies reviewed with counsel: [________________________________]

10. Related Proceedings and Cross-Filing

Under 6 AAC 30.210(g), if the alleged acts also violate federal law, Commission staff give the complaint to the appropriate federal enforcement agency unless the complainant directs otherwise and may assist with a federal filing. Discuss this choice and every separate federal deadline with ASCHR and counsel immediately.

AS 22.10.020(i) separately authorizes specified superior-court actions arising under AS 18.80. If such an action is filed, AS 18.80.145 requires service of the complaint on the Commission and permits intervention and a limited deferral process. This worksheet does not calculate a court limitations period or determine whether an administrative filing affects another deadline.

11. Handoff to ASCHR

☐ ASCHR contacted promptly

☐ Formal complaint drafted or approved by ASCHR staff

☐ Every name, address, date, alleged harm, discriminatory reason, respondent reason, and continuing-practice allegation checked

☐ Filing method and receipt procedure confirmed

☐ Formal complaint signed, verified, and notarized as ASCHR directs

☐ Complaint filed by the applicable deadline

☐ Copy of the filed complaint and proof of filing retained

☐ Federal, local, grievance, and court deadlines separately calendared

☐ Counsel's notice of appearance filed, if represented

12. What Happens After Filing

• Commission staff promptly serve the complaint and provide the complainant a copy under 6 AAC 30.210(f).
• ASCHR's current complaint page describes a resolution conference at the outset of the investigation. Under 6 AAC 30.310, if staff convene the conference, the parties must attend unless excused for good cause; settlement discussions themselves are not mandatory.
• Commission staff conduct an impartial investigation and may use interviews, documents, site inspections, written submissions, interrogatories, requests for production, and compulsory process under 6 AAC 30.320.
• Staff issue written findings and a determination under 6 AAC 30.330. If substantial evidence is found, staff attempt conciliation under 6 AAC 30.340.
• If conciliation fails, the executive director may refer an accusation for hearing under AS 18.80.120 or dismiss without prejudice as current law permits.
• AS 18.80.130 governs a Commission order after hearing; AS 18.80.135 governs judicial review and Commission enforcement.
• Names and investigative records are generally confidential during investigation under AS 18.80.115, subject to the statute's stated exceptions and later-stage access rules.

Sources and References

• Alaska Statutes §§ 18.80.100-.135 — complaint, investigation, hearing, order, confidentiality, and review (official Legislature)
• Alaska Statutes §§ 18.80.220-.260 — prohibited practices (official Legislature)
• 6 AAC 30.210-.340 — current complaint and pre-hearing procedure (official Legislature)
• AS 22.10.020 — Superior Court jurisdiction, including subsection (i) (official Legislature)
• AS 18.80.145 — Commission intervention in a Superior Court action (official Legislature)
• ASCHR — Filing a Complaint with the Commission (official agency)
• ASCHR — Current contact information (official agency)

This preparation worksheet is not an official ASCHR form and does not create or preserve any claim. Have Alaska counsel and ASCHR staff confirm the filing vehicle, protected basis, respondent coverage, deadline, requested relief, cross-filing choice, and final complaint text.