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HB 226: "An Act permitting the provision of different retirement and health benefits to employees based on marital status."

00 HOUSE BILL NO. 226                                                                                                      
01 "An Act permitting the provision of different retirement and health benefits to                                         
02 employees based on marital status."                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 18.80.220(a) is amended to read:                                                                    
05  (a)  Except as provided in (c) of this section, it [IT] is unlawful for                                             
06   (1)  an employer to refuse employment to a person, or to bar a person                                                
07 from employment, or to discriminate against a person in compensation or in a term,                                      
08 condition, or privilege of employment because of the person's race, religion, color, or                                 
09 national origin, or because of the person's age, physical or mental disability, sex,                                    
10 marital status, changes in marital status, pregnancy, or parenthood when the reasonable                                 
11 demands of the position do not require distinction on the basis of age, physical or                                     
12 mental disability, sex, marital status, changes in marital status, pregnancy, or                                        
13 parenthood;                                                                                                             
14   (2)  a labor organization, because of a person's sex, marital status,                                                
01 changes in marital status, pregnancy, parenthood, age, race, religion, physical or mental                               
02 disability, color, or national origin, to exclude or to expel a person from its                                         
03 membership, or to discriminate in any way against one of its members or an employer                                     
04 or an employee;                                                                                                         
05   (3)  an employer or employment agency to print or circulate or cause                                                 
06 to be printed or circulated a statement, advertisement, or publication, or to use a form                                
07 of application for employment or to make an inquiry in connection with prospective                                      
08 employment, that expresses, directly or indirectly, a limitation, specification, or                                     
09 discrimination as to sex, physical or mental disability, marital status, changes in marital                             
10 status, pregnancy, parenthood, age, race, creed, color, or national origin, or an intent                                
11 to make the limitation, unless based upon a bona fide occupational qualification;                                       
12   (4)  an employer, labor organization, or employment agency to                                                        
13 discharge, expel, or otherwise discriminate against a person because the person has                                     
14 opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the person                                    
15 has filed a complaint, testified, or assisted in a proceeding under this chapter;                                       
16   (5)  an employer to discriminate in the payment of wages as between                                                  
17 the sexes, or to employ a female in an occupation in this state at a salary or wage rate                                
18 less than that paid to a male employee for work of comparable character or work in                                      
19 the same operation, business, or type of work in the same locality; or                                                  
20   (6)  a person to print, publish, broadcast, or otherwise circulate a                                                 
21 statement, inquiry, or advertisement in connection with prospective employment that                                     
22 expresses directly a limitation, specification, or discrimination as to sex, physical or                                
23 mental disability, marital status, changes in marital status, pregnancy, parenthood, age,                               
24 race, religion, color, or national origin, unless based upon a bona fide occupational                                   
25 qualification.                                                                                                          
26    * Sec. 2.  AS 18.80.220 is amended by adding a new subsection to read:                                               
27  (c)  Notwithstanding the prohibition against employment discrimination on the                                         
28 basis of marital status under (a) of this section,                                                                      
29   (1)  an employer may refuse to provide benefits to a person because the                                              
30 person is not legally married to an employee of the employer without violating this                                     
31 chapter; and                                                                                                            
01   (2)  a labor organization may negotiate to preclude or may directly                                                  
02 preclude the provision of benefits to a person because the person is not legally married                                
03 to a member of the labor organization, an employee of the labor organization, or an                                     
04 employee represented by the labor organization without violating this chapter.