A. 
A person who sincerely believes they are aggrieved or injured by any discriminatory act or practice prohibited by this title may file a verified written complaint with the equal rights commission within 180 days from the date of the alleged discriminatory act or practice, stating the name and address of the person alleged to have engaged in the discriminatory act or practice, and a short plain statement of each alleged unlawful discriminatory act or practice. For purposes of this chapter, no protected class may be asserted for an improper purpose.
B. 
Consistent with subsection A the executive director, with the approval of a panel of three commissioners selected on a rotating basis by the commission chair, may also file a verified written complaint on behalf of a person or persons aggrieved by an alleged discriminatory act or practice within 180 days from the date of the alleged discriminatory act or practice or within 60 days after the alleged discriminatory act or practice comes to the executive director's attention, whichever is later, including an identification of the person or persons affected by the alleged unlawful practice which is sufficient to enable staff to investigate the complaint.
C. 
If the alleged act or practice is of a continuing nature, the date of its occurrence shall be considered to be any date after the commencement of the practice up to and including the date on which the practice ceased.
(CAC 8.36.020; AR No. 92-223(S); AO No. 2002-163, § 10, 1-7-2003; AO No. 2021-30(S), §§ 5, 10, 5-25-2021)
A. 
The complaint shall contain:
1. 
The complainant's full name, address and telephone number;
2. 
The respondent's full name, address and telephone number;
3. 
A statement of the section(s) of Title 5 of the Anchorage Municipal Code allegedly violated;
4. 
A short and plain statement of each alleged unlawful discriminatory act or practice;
5. 
The date or dates the alleged discriminatory practice occurred. If the discriminatory practice charged is of a continuing nature, the date of the practice shall be any date from the date it is alleged to have begun until the date the complaint is signed, and unless otherwise indicated, to and beyond the date the complaint is signed;
6. 
The location where the alleged discrimination took place, or is taking place; and
7. 
A statement of the alleged harm the complainant has experienced or is experiencing.
(AR No. 92-223(S); AO No. 2002-163, § 11, 1-7-2003)
The executive director shall serve a copy of a complaint or an amended complaint upon a respondent by personal service or by certified mail return receipt requested within ten days after the filing of the complaint. The complainant will also be provided a copy of the complaint, which may be served by regular mail.
(AR No. 92-223(S); AO No. 2002-163, § 11, 1-7-2003)
A. 
A respondent may file a written answer to the complaint within 20 days of service of the complaint and may provide any other information that it believes is relevant to the investigation of the allegations in the complaint.
B. 
The answer should include:
1. 
The full name and address of respondent;
2. 
The name and address of respondent's attorney, if any;
3. 
A statement that the respondent admits, denies or does not have and is unable to obtain sufficient information to admit or deny each allegation made in the complaint. A statement of lack of information shall have the effect of a denial. Any allegation that is not denied shall be deemed admitted; and
4. 
Each and every affirmative defense and a statement of the facts supporting each affirmative defense.
C. 
The respondent may direct a written request for an extension of time to file its answer to the executive director or his or her designee prior to unsuccessful conciliation.
(AR No. 92-223(S); AO No. 2002-163, § 12, 1-7-2003; AO No. 2021-30(S), § 5, 5-25-2021)
A. 
Complaints may be reasonably and fairly amended at any time. All amendments shall be in writing and shall be served within ten days on the respondent in the manner specified for complaints.
B. 
Whenever the claim asserted in the amended complaint arises from the same facts as the original complaint, the amendment relates back to the date of the original complaint. In all other cases the timeliness of an amendment shall be calculated pursuant to Anchorage Municipal Code section 5.40.010 of this title as if it were a new complaint.
C. 
Respondent must file its answer to the amended complaint within the time remaining to respond to the original complaint or within ten days after service of the amended complaint, whichever period is longer.
D. 
The respondent shall have the right to reasonably and fairly amend the answer. The amendment shall be in writing.
(AR No. 92-223(S); AO No. 2002-163, § 13, 1-7-2003)
A. 
A complainant may request to withdraw a complaint by filing a written request with the executive director at any time prior to the issuance of the accusation.
B. 
The executive director shall prepare and serve on all parties a closure or notice of dismissal when a complaint has been withdrawn.
C. 
After the commencement of the public hearing under chapter 5.70, a complaint may only be withdrawn with the approval of the hearing panel or hearing examiner.
D. 
The executive director may substitute himself or herself for a complainant by giving written notice to that effect within 15 days after a withdrawal has been granted pursuant to subsection C of this section. The substitution relates back to the date of the original complaint.
(AR No. 92-223(S); AR No. 96-174, § 2, 10-22-1996; AO No. 2002-163, § 13, 1-7-2003; AO No. 2021-30(S), § 5, 5-25-2021)
A. 
A class action is an action brought on behalf of other persons similarly situated.
A class action complaint may be filed by any person or the executive director if:
1. 
The class is so numerous that joinder of all members is impractical;
2. 
There are questions of law or fact common to the class;
3. 
The claims of the representative party are typical of the claims of the class;
4. 
The representative party is able to fairly and adequately protect the interests of the class; and
5. 
The complaint is sufficiently specific to allow staff to determine the nature of the class.
(AR No. 92-223(S); AO No. 2002-163, § 13, 1-7-2003)
A. 
As soon as practical after the commencement of an action brought as a class action, the commission chair shall determine, by order, whether the complaint shall be maintained and certified as a class action.
B. 
A respondent who believes that the requirements of section 5.40.070 of this title have not been met may, within 15 days of the commission chair's order, move to dismiss the action or for consideration of the complaint as an individual complaint.
C. 
If a motion is filed pursuant to section 5.40.080B of this title, the hearing panel shall hear the motion and issue an order as to whether the complaint shall be certified as a class action.
D. 
If the hearing panel does not certify the class, within 15 days of its order, the representative party may file a motion with the commission requesting review of the hearing panel's order. The commission may:
1. 
Order that the hearing panel's order not to certify the class is affirmed; or
2. 
Order that the complaint shall be certified as a class action.
E. 
Upon certification of a class action, notice of the class action shall be given to the class members:
1. 
Within 30 days after issuance of an order pursuant to subsection A, if no motion is filed pursuant to subsection B; or
2. 
Within 15 days after the issuance of an order pursuant to subsection D that a class action lies.
F. 
The notice of the class action shall include the following:
1. 
The pendency of the class action;
2. 
The option of the class member to join the action or to drop out of the class;
3. 
The option of the class member to appear and present claims and defenses.
G. 
Any class member who cannot be notified through ordinary and reasonable methods, or who, within 30 days of notification, fails to exercise his or her option to join the action, shall be deemed to have dropped out of the class.
H. 
Notice of the following shall be given to class members who have joined the action:
1. 
Any proposed settlement; and
2. 
Final commission orders.
I. 
No settlement shall become final until it has been approved by the commission.
J. 
If the executive director determines that the complaint is supported by substantial evidence, the executive director shall promptly notify the parties and the chair of such determination.
K. 
As used in this section, "notice" means the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort.
L. 
The preceding procedures for a class action complaint are in addition to all other procedures in this title that are not inconsistent with this section.
(AR No. 92-223(S); AO No. 2002-163, § 13, 1-7-2003)