HB 226: "An Act permitting the provision of different retirement and health benefits to employees based on marital status."
00HOUSE 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.