Gender discrimination - Alaska

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 Guidelines on Discrimination Because of Sex. The protections extend to discrimination because of sex, marital status, changes in marital status, or parenthood when the reasonable demands of the position do not require distinction on the basis of sex, marital status, changes in marital status, or parenthood.

Notwithstanding the prohibition against employment discrimination on the basis of marital status or parenthood:

• an employer may provide greater health and retirement benefits to employees who have a spouse or dependent children than are provided to other employees;
• a labor organization may negotiate greater health and retirement benefits for employees who have a spouse or “dependent children” than are provided to other employees.

“Dependent child” means an unmarried child, including an adopted child, who is dependent upon a parent for support and who is either:

• less than 19 years old;
• 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
• of any age and totally and permanently disabled.

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.

Recordkeeping

The state, employers, labor organizations, and employment agencies must maintain records on age, sex, and race that are required to administer the civil rights laws and regulations.

State

Contact

Alaska State Commission for Human Rights

Regulations

Alaska Stat. §18.80.220 Unlawful employment practices; exception.

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1604, Guidelines on Discrimination Because of Sex