Section 18.80.220. Unlawful employment practices; exception.

   (a) Except as provided in (c) of this section, it is unlawful for
        (1) an employer to refuse employment to a person, or to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person's race, religion, color, or national origin, or because of the person's age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical or mental disability, sex, marital status, changes in marital status, pregnancy, or parenthood;
        (2) a labor organization, because of a person's sex, marital status, changes in marital status, pregnancy, parenthood, age, race, religion, physical or mental disability, color, or national origin, to exclude or to expel a person from its membership, or to discriminate in any way against one of its members or an employer or an employee;
        (3) an employer or employment agency to print or circulate or cause to be printed or circulated a statement, advertisement, or publication, or to use a form of application for employment or to make an inquiry in connection with prospective employment, that expresses, directly or indirectly, a limitation, specification, or discrimination as to sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, age, race, creed, color, or national origin, or an intent to make the limitation, unless based upon a bona fide occupational qualification;
        (4) an employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against a person because the person has opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the person has filed a complaint, testified, or assisted in a proceeding under this chapter;
        (5) an employer to discriminate in the payment of wages as between the sexes, or to employ a female in an occupation in this state at a salary or wage rate less than that paid to a male employee for work of comparable character or work in the same operation, business, or type of work in the same locality; or
        (6) a person to print, publish, broadcast, or otherwise circulate a statement, inquiry, or advertisement in connection with prospective employment that expresses directly a limitation, specification, or discrimination as to sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, age, race, religion, color, or national origin, unless based upon a bona fide occupational qualification.
   (b) The state, employers, labor organizations, and employment agencies shall maintain records on age, sex, and race that are required to administer the civil rights laws and regulations. These records are confidential and available only to federal and state personnel legally charged with administering civil rights laws and regulations.  However, statistical information compiled from records on age, sex, and race shall be made available to the general public.
   (c) Notwithstanding the prohibition against employment discrimination on the basis of marital status or parenthood under (a) of this section,
        (1) an employer may, without violating this chapter, provide greater health and retirement benefits to employees who have a spouse or dependent children than are provided to other employees;
        (2) a labor organization may, without violating this chapter, negotiate greater health and retirement benefits for employees of an employer who have a spouse or dependent children than are provided to other employees of the employer.
   (d) In this section, "dependent child" means an unmarried child, including an adopted child, who is dependent upon a parent for support and who is either
        (1) less than 19 years old;
        (2) less than 23 years old and registered at and attending on a full-time basis an accredited educational or technical institution recognized by the Department of Education and Early Development; or
        (3) of any age and totally and permanently disabled.

Authorities

9.17.020;23.10.155;24.60.039

Notes

Recent Bills that will modify this

HB 19 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
HB 42 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
HB 296 WAGE DISCRIMINATION BASED ON GENDER
SB 20 DISCRIMINATION: GENDER ID.;SEXUAL ORIENT.
SB 153 WAGE DISCRIMINATION BASED ON GENDER

Implemented As

6 AAC 30.810
6 AAC 30.820
6 AAC 30.830
6 AAC 30.840
6 AAC 30.850
6 AAC 30.860
6 AAC 30.985
6 AAC 30.990

References

13 AAC 95.110
13 AAC 96.030
15 AAC 154.755
20 AAC 40.375
4 AAC 06.510
6 AAC 30.850
6 AAC 30.910
6 AAC 30.990
7 AAC 45.261
7 AAC 78.120
7 AAC 78.130
7 AAC 81.100
7 AAC 81.110
AS 9.17.020 .020">Sec. 09.17.020. Punitive damages.
AS 23.10.155 - 23.10.320. Equal pay for women, discrimination in employment, and age discrimination. [Repealed, Sec. 8 ch 117 SLA 1965, Sec. 5 ch 125 SLA 1980. For present provisions, see AS
AS 24.60.039 Discrimination prohibited.

History

(Sec. 6 ch 117 SLA 1965; am Sec. 4 ch 119 SLA 1969; am Sec. 1 ch 237 SLA 1970; am Sec. 5, 6 ch 42 SLA 1972; am Sec. 1 ch 119 SLA 1974; am Sec. 9 ch 104 SLA 1975; am Sec. 9 ch 69 SLA 1987; am Sec. 1, 2 ch 16 SLA 1996)

].