HB 165: "An Act adding to the powers and duties of the State Commission for Human Rights; and relating to and prohibiting discrimination based on sexual orientation."
00 HOUSE BILL NO. 165 01 "An Act adding to the powers and duties of the State Commission for Human Rights; 02 and relating to and prohibiting discrimination based on sexual orientation." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.80.060(a) is amended to read: 05 (a) In addition to the other powers and duties prescribed by this chapter, the 06 commission shall 07 (1) appoint an executive director approved by the governor; 08 (2) hire other administrative staff as may be necessary to the 09 commission's function; 10 (3) exercise general supervision and direct the activities of the 11 executive director and other administrative staff; 12 (4) accept complaints under AS 18.80.100; 13 (5) study the problems of discrimination in all or specific fields of 14 human relationships, foster through community effort or goodwill, cooperation and
01 conciliation among the groups and elements of the population of the state, and publish 02 results of investigations and research as in its judgment will tend to eliminate 03 discrimination because of race, religion, color, national ancestry, physical or mental 04 disability, age, sex, sexual orientation, marital status, changes in marital status, 05 pregnancy, or parenthood; 06 (6) make an overall assessment, at least once every three years, of the 07 progress made toward equal employment opportunity by every department of state 08 government; results of the assessment shall be included in the annual report made 09 under AS 18.80.150. 10 * Sec. 2. AS 18.80.200 is amended to read: 11 Sec. 18.80.200. Purpose. (a) It is determined and declared as a matter of 12 legislative finding that discrimination against an inhabitant of the state because of 13 race, religion, color, national origin, age, sex, sexual orientation, physical or mental 14 disability, marital status, changes in marital status, pregnancy, or parenthood is a 15 matter of public concern and that this discrimination not only threatens the rights and 16 privileges of the inhabitants of the state but also menaces the institutions of the state 17 and threatens peace, order, health, safety, and general welfare of the state and its 18 inhabitants. 19 (b) Therefore, it is the policy of the state and the purpose of this chapter to 20 eliminate and prevent discrimination in employment, in credit and financing practices, 21 in places of public accommodation, in the sale, lease, or rental of real property because 22 of race, religion, color, national origin, sex, sexual orientation, age, physical or 23 mental disability, marital status, changes in marital status, pregnancy or parenthood. It 24 is also the policy of the state to encourage and enable physically and mentally disabled 25 persons to participate fully in the social and economic life of the state and to engage in 26 remunerative employment. It is not the purpose of this chapter to supersede laws 27 pertaining to child labor, the age of majority, or other age restrictions or requirements. 28 * Sec. 3. AS 18.80.210 is amended to read: 29 Sec. 18.80.210. Civil rights. The opportunity to obtain employment, credit and 30 financing, public accommodations, housing accommodations, and other property 31 without discrimination because of sex, sexual orientation, physical or mental
01 disability, marital status, changes in marital status, pregnancy, parenthood, race, 02 religion, color, or national origin is a civil right. 03 * Sec. 4. AS 18.80.220(a) is amended to read: 04 (a) Except as provided in (c) of this section, it is unlawful for 05 (1) an employer to refuse employment to a person, or to bar a person 06 from employment, or to discriminate against a person in compensation or in a term, 07 condition, or privilege of employment because of the person's race, religion, color, or 08 national origin, or because of the person's age, physical or mental disability, sex, 09 sexual orientation, marital status, changes in marital status, pregnancy, or parenthood 10 when the reasonable demands of the position do not require distinction on the basis of 11 age, physical or mental disability, sex, sexual orientation, marital status, changes in 12 marital status, pregnancy, or parenthood; 13 (2) a labor organization, because of a person's sex, sexual orientation, 14 marital status, changes in marital status, pregnancy, parenthood, age, race, religion, 15 physical or mental disability, color, or national origin, to exclude or to expel a person 16 from its membership, or to discriminate in any way against one of its members or an 17 employer or an employee; 18 (3) an employer or employment agency to print or circulate or cause to 19 be printed or circulated a statement, advertisement, or publication, or to use a form of 20 application for employment or to make an inquiry in connection with prospective 21 employment, that expresses, directly or indirectly, a limitation, specification, or 22 discrimination as to sex, sexual orientation, physical or mental disability, marital 23 status, changes in marital status, pregnancy, parenthood, age, race, creed, color, or 24 national origin, or an intent to make the limitation, unless based upon a bona fide 25 occupational qualification; 26 (4) an employer, labor organization, or employment agency to 27 discharge, expel, or otherwise discriminate against a person because the person has 28 opposed any practices forbidden under AS 18.80.200 - 18.80.280 or because the 29 person has filed a complaint, testified, or assisted in a proceeding under this chapter; 30 (5) an employer to discriminate in the payment of wages as between 31 the sexes, or to employ a female in an occupation in this state at a salary or wage rate
01 less than that paid to a male employee for work of comparable character or work in the 02 same operation, business, or type of work in the same locality; or 03 (6) a person to print, publish, broadcast, or otherwise circulate a 04 statement, inquiry, or advertisement in connection with prospective employment that 05 expresses directly a limitation, specification, or discrimination as to sex, sexual 06 orientation, physical or mental disability, marital status, changes in marital status, 07 pregnancy, parenthood, age, race, religion, color, or national origin, unless based upon 08 a bona fide occupational qualification. 09 * Sec. 5. AS 18.80.230(a) is amended to read: 10 (a) It is unlawful for the owner, lessee, manager, agent, or employee of a 11 public accommodation 12 (1) to refuse, withhold from, or deny to a person any of its services, 13 goods, facilities, advantages, or privileges because of sex, sexual orientation, 14 physical or mental disability, marital status, changes in marital status, pregnancy, 15 parenthood, race, religion, color, or national origin; 16 (2) to publish, circulate, issue, display, post, or mail a written or 17 printed communication, notice, or advertisement that states or implies 18 (A) that any of the services, goods, facilities, advantages, or 19 privileges of the public accommodation will be refused, withheld from, or 20 denied to a person of a certain race, religion, sex, sexual orientation, physical 21 or mental disability, marital status, color, or national origin or because of 22 pregnancy, parenthood, or a change in marital status, or 23 (B) that the patronage of a person belonging to a particular 24 race, creed, sex, sexual orientation, marital status, color, or national origin or 25 who, because of pregnancy, parenthood, physical or mental disability, or a 26 change in marital status, is unwelcome, not desired, or solicited. 27 * Sec. 6. AS 18.80.240 is amended to read: 28 Sec. 18.80.240. Unlawful practices in the sale or rental of real property. It 29 is unlawful for the owner, lessee, manager, or other person having the right to sell, 30 lease, or rent real property 31 (1) to refuse to sell, lease, or rent the real property to a person because
01 of sex, sexual orientation, marital status, changes in marital status, pregnancy, race, 02 religion, physical or mental disability, color, or national origin; however, nothing in 03 this paragraph prohibits the sale, lease, or rental of classes of real property commonly 04 known as housing for "singles" or "married couples" only; 05 (2) to discriminate against a person because of sex, sexual orientation, 06 marital status, changes in marital status, pregnancy, race, religion, physical or mental 07 disability, color, or national origin in a term, condition, or privilege relating to the use, 08 sale, lease, or rental of real property; however, nothing in this paragraph prohibits the 09 sale, lease, or rental of classes of real property commonly known as housing for 10 "singles" or "married couples" only; 11 (3) to make a written or oral inquiry or record of the sex, sexual 12 orientation, marital status, changes in marital status, race, religion, physical or mental 13 disability, color, or national origin of a person seeking to buy, lease, or rent real 14 property; 15 (4) to offer, solicit, accept, use, or retain a listing of real property with 16 the understanding that a person may be discriminated against in a real estate 17 transaction or in the furnishing of facilities or sources in connection therewith because 18 of a person's sex, sexual orientation, marital status, changes in marital status, 19 pregnancy, race, religion, physical or mental disability, color, national origin, or age; 20 (5) to represent to a person that real property is not available for 21 inspection, sale, rental, or lease when in fact it is so available, or to refuse to allow a 22 person to inspect real property because of the race, religion, physical or mental 23 disability, color, national origin, age, sex, sexual orientation, marital status, change in 24 marital status, or pregnancy of that person or of any person associated with that 25 person; 26 (6) to engage in blockbusting; 27 (7) to make, print, or publish, or cause to be made, printed, or 28 published, any notice, statement, or advertisement with respect to the sale or rental of 29 real property that indicates any preference, limitation, or discrimination based on race, 30 color, religion, physical or mental disability, sex, sexual orientation, or national 31 origin, or an intention to make the preference, limitation, or discrimination.
01 * Sec. 7. AS 18.80.250(a) is amended to read: 02 (a) It is unlawful for a financial institution or other commercial institution 03 extending secured or unsecured credit, upon receiving an application for financial 04 assistance or credit for the acquisition, construction, rehabilitation, repair, or 05 maintenance of a housing accommodation or other property or services, or the 06 acquisition or improvement of unimproved property, or upon receiving an application 07 for any sort of loan of money, to permit one of its officials or employees during the 08 execution of the official's or the employee's duties 09 (1) to discriminate against the applicant because of sex, sexual 10 orientation, physical or mental disability, marital status, changes in marital status, 11 pregnancy, parenthood, race, religion, color, or national origin in a term, condition, or 12 privilege relating to the obtainment or use of the institution's financial assistance or 13 credit, except to the extent of a federal statute or regulation applicable to a transaction 14 of the same character; 15 (2) to make or cause to be made a written or oral inquiry or record of 16 the sex, sexual orientation, physical or mental disability, marital status, changes in 17 marital status, pregnancy, parenthood, race, religion, color, or national origin of a 18 person seeking the institution's financial assistance or credit, unless the inquiry is for 19 the purpose of ascertaining the creditor's rights and remedies applicable to the 20 particular extension of credit and is not made or used in order to discriminate in a 21 determination of creditworthiness; 22 (3) to refuse to extend credit, issue a credit card, or make a loan to a 23 married person or a person with a physical or mental disability [,] who is otherwise 24 creditworthy, if so requested by the person; 25 (4) to refuse to issue a credit card to a married person in that person's 26 name, if so requested by the person, provided, however, that the person so requesting a 27 card may be required to open an account in that name. 28 * Sec. 8. AS 18.80.255 is amended to read: 29 Sec. 18.80.255. Unlawful practices by the state or its political subdivisions. 30 It is unlawful for the state or any of its political subdivisions 31 (1) to refuse, withhold from, or deny to a person any local, state, or
01 federal funds, services, goods, facilities, advantages, or privileges because of race, 02 religion, sex, sexual orientation, color, or national origin; 03 (2) to publish, circulate, issue, display, post, or mail a written or 04 printed communication, notice, or advertisement that states or implies that any local, 05 state, or federal funds, services, goods, facilities, advantages, or privileges of the 06 office or agency will be refused, withheld from, or denied to a physically or mentally 07 disabled person or a person of a certain race, religion, sex, sexual orientation, color, 08 or national origin or that the patronage of a physically or mentally disabled person or a 09 person belonging to a particular race, creed, sex, sexual orientation, color, or national 10 origin is unwelcome, not desired, or solicited; it is not unlawful to post notice that 11 facilities to accommodate the physically or mentally disabled are not available; 12 (3) to refuse or deny to a person any local, state, or federal funds, 13 services, goods, facilities, advantages, or privileges because of physical or mental 14 disability. 15 * Sec. 9. AS 18.80.300(1) is amended to read: 16 (1) "blockbusting" means an unlawful discriminatory practice by real 17 estate brokers, real estate salesmen, or employees or agents of a broker or another 18 individual, corporation, partnership, or organization for the purpose of inducing a real 19 estate transaction from which any such person or its stockholders or members may 20 benefit financially, to represent directly or indirectly that a change has occurred or will 21 or may occur from a composition with respect to race, religion, sexual orientation, 22 color, or national origin of the owners or occupants of the block, neighborhood, or 23 area in which the real property is located, and to represent directly or indirectly that 24 this change may or will result in undesirable consequences in the block, neighborhood, 25 or area in which the real property is located, including but not limited to the lowering 26 of property values, an increase in criminal or antisocial behavior, or decline in the 27 quality of the schools or other facilities; 28 * Sec. 10. AS 18.80.300 is amended by adding a new paragraph to read: 29 (19) "sexual orientation" means heterosexuality, homosexuality, 30 bisexuality, and gender expression or identity.