Alaska State Commission for Human Rights v. Yellow Cab

Respectfully, I dissent on the question of whether Mayer effectively applied for the job in question. I do not believe that there was substantial evidence to support the Commission’s finding under the legal criteria which should be applied.

*493I agree with those cases which hold that an applicant need not perform an act which would be futile. But something more definite should occur than in the case at bar before the Commission’s complaint procedures are brought to bear against an employer. As the event which triggers the Commission’s procedures, the application should be as concrete and definite…