In Ross v. Alaska State Commission for Human Rights,[1] the supreme court held an administrative agency’s determination to be without error when, despite evidence detracting from its ultimate decision, the agency concluded there was insufficient evidence to support a claim of discrimination. Ross applied for the position of train master with the Alaska Railroad Corporation (the Railroad). After Ross was not selected for the position, he filed a complaint with the Alaska State Commission for Human Rights (the Commission) claiming he had been discriminated against by the Railroad based on race. After a series of proceedings, a superior court affirmed the Commission’s final order concluding that Ross’s complaint failed to prove discrimination. On appeal, Ross argued that the Railroad’s stated reason for not selecting him was pretextual. The supreme court affirmed the lower court’s decision, holding that there was not error in the Commission’s determination that the Railroad’s reasoning for not hiring Ross were not pretexual. The court reviewed the Commission’s decision using the highly deferential substantial evidence test, but noted that the test ensures that evidence detracting from the agency finding is not dramatically disproportionate to the evidence supporting it. The supreme court affirmed, holding an administrative agency’s determination to be without error when, despite evidence detracting from its ultimate decision, the agency concluded there was insufficient evidence to support a claim of discrimination.
[1] 447 P.3d 757 (Alaska 2019).
