Perkins v. Doyon Universal Servs., LLC

In Perkins v. Doyon Universal Servs., LLC, 151 P.3d 413, 415 (Alaska 2006), the plaintiff filed a complaint in the circuit court, averring that the defendant failed to hire him as a kennel technician at its animal care center based on his race. The defendant moved for summary judgment, maintaining that the successful candidate's qualifications were superior to the plaintiff's qualifications: . . . The successful candidate's experience was directly in line with the duties of a kennel tech at Anchorage Animal Control Center. The resume of the man hired indicated that he had worked at a kennel from 1990 to 1998 performing building maintenance and caring for dogs . . . . She hired him primarily because of his eight years of experience working at Coshok's Canine Castle. In comparison, the plaintiff's resume listed his experience as five years and two months employment as a laboratory animal technician. Id. at 417. Furthermore, the defendant did not favor the plaintiff's experience in "bleeding monkeys" in a research laboratory because it was inhumane. Id. The Alaska Supreme Court rendered this a legitimate, non-discriminatory reason. Id. To establish that the defendant's reasons were pretextual and encompassed discriminatory intent, the plaintiff offered evidence that one of the successful candidates indicated that he was a felon, and that he did not possess a driver's license. Id. at 418. The Court affirmed the circuit court, concluding that the plaintiff failed to meet his burden of proof because: There was no indication that a misdemeanor conviction or the lack of a driver's license would have diminished an applicant's suitability, or rendered the applicant ineligible for the kennel technician position. The fact the defendant hired someone with a prior misdemeanor conviction and without a driver's license did not imply discrimination against the plaintiff and there was no genuine dispute of material fact with regard to the criminal record or driver's license. Id.