Alaska Statutes
Alaska Stat. § 18.80.220 (2026)
Unlawful employment practices; exception
✓ current as of July 2026
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Sec. 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.
(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.
Notes of Decisions
Cited in 89
cases (6 in the last 5 years), 1976–2026 · leading case: Muller v. BP Expl. (Alaska) Inc., 923 P.2d 783 (Alaska 1996).
Muller v. BP Expl. (Alaska) Inc., 923 P.2d 783 (Alaska 1996). “However, AS 18.80.220 does not define the term "marital status.”
Veco, Inc. v. Rosebrock, 970 P.2d 906 (Alaska 1999). “Are punitive damages authorized under AS 18.80.220 and AS 22.10.020®? 2. Did the jury instructions err in permitting the jury to award punitive damages against VECO for acts of a supervisor beyond the scope of the supervisor’s employment? 3.”
Reust v. Alaska Petroleum Contractors, Inc., 127 P.3d 807 (Alaska 2005). “[93] That subsection applies to "an action against an employer to recover damages for an unlawful employment practice prohibited by AS 18.80.220," which proscribes various forms of employment discrimination.”
Norcon, Inc. v. Kotowski, 971 P.2d 158 (Alaska 1999). “[4] The superior court agreed with Norcon's contention that, while Kotowski's sexual harassment claims were independent of the CBA, "any claim that she was terminated because of her sex, that similarly situated males were not terminated is a termination for other than just cause…”
Moody-Herrera v. State, Dep't of Nat. Resources, 967 P.2d 79 (Alaska 1998). “Standard of Review Whether AS 18.80.220 provides for a claim against an employer for failure to provide reasonable accommodation is a question of statutory interpretation to which we apply our independent judgment.”
French v. Jadon, Inc., 911 P.2d 20 (Alaska 1996). “We have not previously decided whether AS 18.80.220 encompasses a claim of *28 hostile or abusive work environment harassment, nor have we discussed what constitutes that type of harassment.”
Alaska State Comm'n for Human Rights v. Yellow Cab, 611 P.2d 487 (Alaska 1980). “This is the standard used by the Commission and we adopt this standard for discrimination cases brought under AS 18.80.220. [6] Yellow Cab concedes that Mayer is a member of a protected class.”
Smith v. Anchorage Sch. Dist., 240 P.3d 834 (Alaska 2010). “But the Supreme Court's reasoning in Desert Palace was based on statutory language that is not found in AS 18.80.220. Specifically, Title VII was amended following Price Waterhouse by adding 42 U.”
Miller v. Safeway, Inc., 102 P.3d 282 (Alaska 2004). “The complaint also alleged discrimination based on creed and religion in violation of the Alaska Constitution, as well as statutory claims under AS 18.80.220 and AS 22.10.020 for discrimination based on race, color, national origin, religion, and gender.”
Ellison v. Plumbers & Steam Fitters Union Local 375, 118 P.3d 1070 (Alaska 2005). “INTRODUCTION Lori Ellison sued her former union, Local 375, and the union’s stewards at her former work site, Kirk Jackson and James Ballam, for sexual harassment and aiding and abetting discrimination under AS 18.80.220 and 18.80.260. The superior court ruled against her on…”
Univ. of Alaska v. Tumeo, 933 P.2d 1147 (Alaska 1997). “” The superior court outlined several possible methods by which the University could remedy the unlawful discrimination: The University, confronted with a ruling from this court that its current plan violates AS 18.80.220, would have many options. First, it could simply refuse…”
Thomas v. Anchorage Tel. Util., 741 P.2d 618 (Alaska 1987). “[Thomas] sued ATU for violation of AS 18.80.220. [2] IBEW, the union representing Thomas, was made a defendant in 1977.”
— Alaska Stat. § 18.80.220(1) — 1 case
Clarke v. FELEC Servs., Inc., 489 F. Supp. 165 (D. Alaska 1980).
— Alaska Stat. § 18.80.220(2)(1) — 1 case
Grant v. Anchorage Police Dep't, 20 P.3d 553 (Alaska 2001).
— Alaska Stat. § 18.80.220(2)(4) — 1 case
Smith v. Anchorage Sch. Dist., 240 P.3d 834 (Alaska 2010). “But the Supreme Court's reasoning in Desert Palace was based on statutory language that is not found in AS 18.80.220. Specifically, Title VII was amended following Price Waterhouse by adding 42 U.”
— Alaska Stat. § 18.80.220(a) — 21 cases
French v. Jadon, Inc., 911 P.2d 20 (Alaska 1996). “We have not previously decided whether AS 18.80.220 encompasses a claim of *28 hostile or abusive work environment harassment, nor have we discussed what constitutes that type of harassment.”
Muller v. BP Expl. (Alaska) Inc., 923 P.2d 783 (Alaska 1996). “However, AS 18.80.220 does not define the term "marital status.”
Reust v. Alaska Petroleum Contractors, Inc., 127 P.3d 807 (Alaska 2005). “[93] That subsection applies to "an action against an employer to recover damages for an unlawful employment practice prohibited by AS 18.80.220," which proscribes various forms of employment discrimination.”
DeNardo v. Calista Corp., 111 P.3d 326 (Alaska 2005).
Mills v. Hankla, 297 P.3d 158 (Alaska 2013).
— Alaska Stat. § 18.80.220(a)(1) — 46 cases
Muller v. BP Expl. (Alaska) Inc., 923 P.2d 783 (Alaska 1996). “However, AS 18.80.220 does not define the term "marital status.”
Alaska State Comm'n for Human Rights v. Yellow Cab, 611 P.2d 487 (Alaska 1980). “This is the standard used by the Commission and we adopt this standard for discrimination cases brought under AS 18.80.220. [6] Yellow Cab concedes that Mayer is a member of a protected class.”
Alaska USA Fed. Credit Union v. Fridriksson, 642 P.2d 804 (Alaska 1982).
Univ. of Alaska v. Tumeo, 933 P.2d 1147 (Alaska 1997). “” The superior court outlined several possible methods by which the University could remedy the unlawful discrimination: The University, confronted with a ruling from this court that its current plan violates AS 18.80.220, would have many options. First, it could simply refuse…”
Raad v. Alaska State Comm'n for Human Rights, 86 P.3d 899 (Alaska 2004).
— Alaska Stat. § 18.80.220(a)(2) — 2 cases
Adams v. Pipeliners Union 798, 699 P.2d 343 (Alaska 1985).
Ellison v. Plumbers & Steam Fitters Union Local 375, 118 P.3d 1070 (Alaska 2005). “INTRODUCTION Lori Ellison sued her former union, Local 375, and the union’s stewards at her former work site, Kirk Jackson and James Ballam, for sexual harassment and aiding and abetting discrimination under AS 18.80.220 and 18.80.260. The superior court ruled against her on…”
— Alaska Stat. § 18.80.220(a)(4) — 9 cases
Veco, Inc. v. Rosebrock, 970 P.2d 906 (Alaska 1999). “Are punitive damages authorized under AS 18.80.220 and AS 22.10.020®? 2. Did the jury instructions err in permitting the jury to award punitive damages against VECO for acts of a supervisor beyond the scope of the supervisor’s employment? 3.”
Raad v. Alaska State Comm'n for Human Rights, 86 P.3d 899 (Alaska 2004).
Mahan v. Arctic Catering, Inc., 133 P.3d 655 (Alaska 2006).
Bernard v. Alaska Airlines, Inc., 367 P.3d 1156 (Alaska 2016).
Peterson v. State, Dep't of Nat. Resources, 236 P.3d 355 (Alaska 2010).
— Alaska Stat. § 18.80.220(a)(5) — 1 case
Alaska State Comm'n for Human Rights v. State, Dep't of Admin., 796 P.2d 458 (Alaska 1990).
— Alaska Stat. § 18.80.220(a)(6) — 1 case
Mills v. Hankla, 297 P.3d 158 (Alaska 2013).
— Alaska Stat. § 18.80.220(c)(1) — 4 cases
Univ. of Alaska v. Tumeo, 933 P.2d 1147 (Alaska 1997). “” The superior court outlined several possible methods by which the University could remedy the unlawful discrimination: The University, confronted with a ruling from this court that its current plan violates AS 18.80.220, would have many options. First, it could simply refuse…”
Brause v. State, Dep't of Health & Soc. Servs., 21 P.3d 357 (Alaska 2001).
Cole v. State Farm Ins. Co., 128 P.3d 171 (Alaska 2006).
Brause v. State, Dept. of H. & Ss, 21 P.3d 357 (Alaska 2001).
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