Caesar Casquejo: Case Analysis

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Please accept this memorandum and the attached documents and information as the response to the allegation of the complaint in the above referenced case.

The Department denies Mr. Caesar Casquejo was discriminated against on the basis of his race and national origin in violation of AS 18.80.220 and Title VII of the Civil Rights Act. The Department further denies retaliating against Mr. Casquejo for filing complaints.

Background:

Caesar Casquejo was hired as a Maintenance Specialist – Electrician – Journey II (PCN 25-2577) in Anchorage on November 23, 2015 in the Department of Transportation and Public Facilities, Anchorage International Airport (AIA).

Joshua Briggs is the Assistant Manager in Airfield Maintenance at AIA. As the Assistant Manager, Mr. Briggs supervises the Airfield Maintenance Section which includes: Field Maintenance, Equipment Maintenance, Airfield Electrical and the Administrative Staff. Ron Silva was promoted to Maintenance Specialist, Electrician, Foreman at AIA on August 25, 2003 and continues in the position. Mr. Silva was Mr. Casquejo’s foreman while he was working in AIA. Zaramie Lindseth is the Manager in Airfield Maintenance at AIA. The Maintenance Specialist, Electrician Journey II position description articulates the incumbent is expected to inspect and maintain runway and taxiway lighting on a daily basis to replace damaged or missing fixtures, find open circuits, and perform repairs as quickly as possible to ensure adherence to FAA regulations and airport safety standards. In addition, the position requires the incumbent to possess a valid Commercial Driver’s License (CDL) Class B. (Attachment 1). As documented in Mr. Casquejo’s conditions of hire documents, he was expected to obtain a CDL, Class B within 90 days of hire (Attachment 2). Mr. Casquejo’s received formal performance feedback in the form of a performance evaluation (Attachment 3). Mr. Casquejo failed to obtain his CDL Class B and was non-retained from State service effective July 16, 2016. The State of Alaska strictly prohibits discrimination in any form. Administrative Order No. 75 articulates the policy of the Executive Branch of Alaska State Government that all employees and applicants for employment shall be afforded equal opportunity in all aspects of personnel management (Attachment 4). Administrative Order No. 81 articulates the State of Alaska, as an employer, will not tolerate, condone, or permit any kind of harassment of employees or applicants for employment on the basis of their sex, color, race, religion, national origin, age, handicap, marital status, changes in marital status, pregnancy, or parenthood (Attachment 5). Allegation Statement: “Respondent required me to obtain a Commercial Driver’s License (CDL) for driving vehicles with manual and automatic
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My job position did not require me to drive any vehicles with a manual transmission and respondent did not require other similarly situated employees not of my race or national origin to obtain a CDL for driving vehicles with manual and automatic transmissions.”

Response: As articulated in the “Background” section, Mr. Casquejo was appointed to a Maintenance Specialist, Electrician Journey II position in the Facilities Maintenance Section and, as such, he was required to obtain a CDL Class B to perform his duties. All employees in the same position as Mr. Casquejo, including the foreman in the Facilities Maintenance Section are required to obtain a CDL Class B. Allegation Statement: “Respondent gave other employees not of my race or national origin a longer period of time than it gave me to obtain a CDL and continues to employ the other

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