Commission Fights Private Settlement

The Montana Human Rights Commission is fighting an effort to settle a dispute over sexual harassment quietly and privately, saying the public has a legitimate interest in knowing the terms of the settlement.

Tana Nelson filed a complaint in February 1994 against Northwest Human Resources and its former director, Larry Dominick. The parties agreed on a settlement Sept. 30, but they have not disclosed the amount of any financial award, as required by state Human Rights Commission rules.

Anne MacIntyre, commission administrator, filed a formal objection last week. She said commission rules require full disclosure and the administrator’s approval of any settlement, to ensure that it satisfies the intent of discrimination laws.

Without disclosure, MacIntyre argued, she cannot determine whether the settlement is “consistent with the public interest, including elimination of unlawful, discriminatory practices and the rectification of harm … to the person discriminated against.”

Because Nelson and Human Resources agreed to pursue the case through the Human Rights Commission, it remains under the jurisdiction of a commission hearings officer, who will now consider whether to order disclosure.

Nelson and Human Resources claim that their rights to privacy exceed the public’s right to know about the settlement.