Disability discrimination

Summary of differences between federal and state regulations

Employer defined

“Employer” means a person, including the state and a political subdivision of the state, who has one or more employees in the state but does not include a club that is exclusively social, or a fraternal, charitable, educational, or religious association or corporation, if the club, association, or corporation is not organized for private profit.

Unlawful employment practices

The unlawful employment practices, as well as the exemptions, are similar to those under the federal Americans with Disabilities Act. These include provisions for apprenticeship and other training programs, licenses or certifications, advertisements, and retaliation. See the state law for details.

In addition, Alaska provides for local human rights commissions. A municipality may, by ordinance or resolution, establish a local human rights commission. Local commissions can be granted powers and duties similar to those exercised by the Alaska State Commission for Human Rights.

Under the AK law, “physical or mental disability” means

A physical or mental impairment that substantially limits one or more major life activities;
A history of, or a misclassification as having, a mental or physical impairment that substantially limits one or more major life activities;
Having
- A physical or mental impairment that does not substantially limit a person's major life activities but that is treated by the person as constituting such a limitation;
- A physical or mental impairment that substantially limits a person's major life activities only as a result of the attitudes of others toward the impairment; or
- None of the impairments defined in this paragraph but being treated by others as having such an impairment; or
A condition that may require the use of a prosthesis, special equipment for mobility, or service animal.

“"Physical or mental impairment” means a

Physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine;
Mental or psychological disorder, including intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Under state law, the fact that a person is or has been evaluated or treated for mental illness may not be a basis for discrimination in seeking employment.