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GARRIS v HOFFMAN Click to find out why . . .



Keywords & Phrases
CaseNo: 4FA-97-2495 CIVIL, CourtCode: SU, CourtName: Superior Court, Defendant: , District: Fourth, JudgeName: Richard Savell, Plaintiff: GARRIS, State: AK Alaska, UniqueCaseRef: AK>SU>4FA-97-2495CIVIL, Garris, Sexual Harassment, Hoffmann, Alaska, Employment, Grievance, Facts, Remedies, Failure, Summary Judgment, Motion, Contract, Employer, Employees, Liability, Supervisor, Tangible Employment Action, Terminate Garris, Implied Covenant, Executive Committee, Hostile Work Environment, Rita Garris, Jay Hoffmann, Fair Dealing, Clinic Relies, Internal Remedies , ContentID: 120239510

Case Documents
1 1999-02-10 MEMORANDUM DECISION
[ see first page and extracted highlights below  ] ItemID: 100012
9 pages
HTML
Total Documents: 1 document , 9 pages
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1 . MEMORANDUM DECISION

EXTRACTED KEY WORDS
SEXUAL HARASSMENT
HOFFMANN
ALASKA
COURT
EMPLOYMENT
LAW
GRIEVANCE
FACTS
REMEDIES
FAILURE
SUMMARY JUDGMENT
MOTION
CONTRACT
EMPLOYER
EMPLOYEES
LIABILITY
SUPERVISOR
TANGIBLE EMPLOYMENT ACTION
PLAINTIFF
TERMINATE GARRIS
DEFENDANTS
IMPLIED COVENANT
EXECUTIVE COMMITTEE
HOSTILE WORK ENVIRONMENT
RITA GARRIS
JAY HOFFMANN
FAIR DEALING
CLINIC RELIES
INTERNAL REMEDIES

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT

RITA GARRIS, Plaintiff,
v.

JAY HOFFMANN and FAIRBANKS CLINIC, INC., an Alaskan corporation, Defendants.

Case No. 4FA-97-2495 Civil

MEMORANDUM DECISION

INTRODUCTION

Before the Court is a motion for summary judgment on behalf of defendants Jay Hoffmann (Hoffmann)
c") on Rita Garris's (Garris) claims that 1) she was subjected to sexual harassment; 2) that the
fmann; and 3) that the Clinic's decision to terminate Garris breached an implied employment
ealing.

In support of its motion, the Clinic relies solely on arguments that Garris's failure to exhaust
the alternative to summary judgment, the Clinic seeks rulings of law on these reporting and

FACTS

On a motion for summary judgment, the Court must consider the facts in a light most favorable to
96 P.2d 230, 233 (Alaska 1995). Accordingly, the following summary is based upon deposition
 events./

Rita Garris began her employment with the Fairbanks Clinic on June 30, 1997. During the time Garris
offmann, her supervisor, engaged in various behavior which she considered sexually harassing.
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • RITA GARRIS, Plaintiff, v.
  • JAY HOFFMANN and FAIRBANKS CLINIC, INC., an Alaskan corporation, Defendants.
  • In support of its motion, the Clinic relies solely on arguments that Garris's failure to
  • In the alternative to summary judgment, the Clinic seeks rulings of law on these reporting
  • On a motion for summary judgment, the Court must consider the facts in a light most favorable
  • Rita Garris began her employment with the Fairbanks Clinic on June 30,
  • During the time Garris was employed at the Clinic, she alleges that Jay Hoffmann, her
  • Clinic employees Patricia Corning and Nina Sullivan both testified that although they did not
  • She explains that she did not go to the administration with her complaints because her
  • On November 4, 1997, the Executive Committee of the Board of Directors voted to terminate
  • Hoffmann was the President of the Executive Committee, but in accordance with the committee's
  • At all times during Garris's employment, the Clinic had in effect a sexual harassment policy
  • Under Alaska law, the Court may enter summary judgment if the evidence in the record presents
  • Employer Liability For Sexual Harassment
  • Moreover, where the alleged harasser is the victim's supervisor, the employer can be held
  • that the employer exercised reasonable care to prevent and correct promptly any sexually
  • The scope of an employer's liability for its employees' hostile environment sexual harassment
  • the Clinic posits that Garris' failure to use and exhaust the Clinic's grievance procedure
  • Closely related to its notice argument is the Clinic's claim that Garris' failure to avail
  • Garris argues that under Alaska law an employee is not required to exhaust internal remedies
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