Ross v. Alaska Human Rights CommissionAnnotate this Case
After 36 years of service with the Alaska Railroad Corporation, most of those years as a conductor, Harry Ross, an African-American man, applied for a newly created managerial trainmaster position, but he was not chosen. He brought an unsuccessful internal racial discrimination complaint. He brought a similar complaint before the Alaska State Commission for Human Rights, and it was denied. He then appealed to the superior court, and it ultimately affirmed the Commission’s determination that he had failed to carry his burden of showing racial discrimination. On appeal to us, the man contends that the Railroad’s stated reasons for not hiring him were pretextual. Although the Alaska Supreme Court found some basis for Ross’ arguments that a hiring panel member may have harbored racial prejudice and that the explanation that he was not chosen because of poor interview performance was a post-hoc rationalization, the Court reviewed the Commission’s determination only for substantial supporting evidence. Under this deferential standard of review, the Supreme Court concluded the evidence detracting from the Commission’s determination was not dramatically disproportionate to the supporting evidence. Because substantial evidence in the record thus supported the Commission’s determination, the Court affirmed the superior court’s decision upholding it.