Baker v. Alaska Commission for Human Rights (Federal Express Corp.)Annotate this Case
Russell Baker was hired by Federal Express Corporation (FedEx) as a pilot in June 2006. Employment agreements between FedEx and its pilots are established via collective bargaining with a union, the Air Line Pilots Association, International (ALPA). During the relevant period of Baker’s employment, ALPA’s agreement with FedEx offered pilots on foreign duty assignments options to finance either relocation housing or their commute. Pilots based in Hong Kong could elect an “enhanced” relocation package instead of commuting. Pilots choosing that package had 18 months to complete their relocation, but were obligated to reimburse FedEx if they did not actually relocate. FedEx retained the right to request documentation establishing that relocation had actually occurred, including “verification of the permanent relocation of a pilot’s spouse, and/or dependent children under the age of 18 years, if applicable.” Baker would be fired by FedEx after he collected a relocation allowance based on misleading statements that his spouse had relocated with him. While his employment termination proceedings were ongoing, he filed complaints with the Alaska State Commission on Human Rights, contending FedEx engaged in marital status discrimination by requiring married pilots to relocate their spouses as a condition of the relocation allowance, and FedEx retaliated against him for filing the first complaint. The Commission concluded that there was substantial evidence of illegal discrimination, but exercised its statutory discretion to dismiss the complaint instead of bringing an enforcement action. The Commission also dismissed his second complaint, concluding that there was not substantial evidence of retaliation. Baker appealed the Commission’s decisions to the superior court, which affirmed the decisions. The Alaska Supreme Court concluded the Commission did not abuse its substantial discretion by declining to prosecute the discrimination complaint, and did not err by concluding that the employer did not retaliate against the pilot after he filed his discrimination complaint.