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HB 468: "An Act relating to damages awarded in complaints before the State Commission for Human Rights."

00HOUSE BILL NO. 468 01 "An Act relating to damages awarded in complaints before the State Commission 02 for Human Rights." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.80.130(a) is amended to read: 05  (a) At the completion of the hearing, if the commission finds that a person 06 against whom a complaint was filed has engaged in the discriminatory conduct alleged 07 in the complaint, it shall order the person to refrain from engaging in the 08 discriminatory conduct. The order must include findings of fact [,] and may prescribe 09 conditions on the accused's future conduct relevant to the type of discrimination. In a 10 case involving discrimination in 11  (1) employment, the commission may order any appropriate relief that 12 is not prohibited under this paragraph , including , but not limited to, the hiring, 13 reinstatement . or upgrading of an employee with back pay only as provided by this 14 paragraph or without back pay, restoration to membership in a labor organization, or

01 admission to or participation in an apprenticeship training program, on-the-job training 02 program, or other retraining program; if the commission decision is issued more than 03 90 days after the complaint was filed under AS 18.80.100, the commission may not 04 award back pay for wages that the complainant would have earned after the 90th 05 day after the complaint was filed; 06  (2) housing, the commission may order the sale, lease, or rental of the 07 housing accommodation to the aggrieved person if it is still available, or the sale, 08 lease, or rental of a like accommodation owned by the person against whom the 09 complaint was filed if one is still available, or the sale, lease, or rental of the next 10 vacancy in a like accommodation [,] owned by the person against whom the complaint 11 was filed; the commission may award actual damages which shall include, but not be 12 limited to, the expenses incurred by the complainant for obtaining alternative housing 13 or space , [;] for storage of goods and effects , [;] for moving , and for other costs 14 actually incurred as a result of the unlawful practice or violation. 15 * Sec. 2. APPLICATION TO COMPLAINTS. This Act applies to complaints filed on or 16 after the effective date of this Act.