00 SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) 01 "An Act permitting the provision of different retirement and health benefits to 02 certain employees by differentiating between benefits provided to employees with 03 spouses or children and to other employees." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.80.220(a) is amended to read: 06 (a) Except as provided in (c) of this section, it [IT] is unlawful for 07 (1) an employer to refuse employment to a person, or to bar a person 08 from employment, or to discriminate against a person in compensation or in a term, 09 condition, or privilege of employment because of the person's race, religion, color, or 10 national origin, or because of the person's age, physical or mental disability, sex, marital 11 status, changes in marital status, pregnancy, or parenthood when the reasonable demands 12 of the position do not require distinction on the basis of age, physical or mental 13 disability, sex, marital status, changes in marital status, pregnancy, or 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 membership, 03 or to discriminate in any way against one of its members or an employer or an 04 employee; 05 (3) an employer or employment agency to print or circulate or cause to 06 be printed or circulated a statement, advertisement, or publication, or to use a form of 07 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 to 11 make the limitation, unless based upon a bona fide occupational qualification; 12 (4) an employer, labor organization, or employment agency to discharge, 13 expel, or otherwise discriminate against a person because the person has opposed any 14 practices forbidden under AS 18.80.200 - 18.80.280 or because the person has filed a 15 complaint, testified, or assisted in a proceeding under this chapter; 16 (5) an employer to discriminate in the payment of wages as between the 17 sexes, or to employ a female in an occupation in this state at a salary or wage rate less 18 than that paid to a male employee for work of comparable character or work in the same 19 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 new subsections to read: 27 (c) Notwithstanding the prohibition against employment discrimination on the 28 basis of marital status or parenthood under (a) of this section, 29 (1) an employer may, without violating this chapter, provide greater 30 health and retirement benefits to employees who have a spouse or dependent children 31 than are provided to other employees; 01 (2) a labor organization may, without violating this chapter, negotiate 02 greater health and retirement benefits for employees of an employer who have a spouse 03 or dependent children than are provided to other employees of the employer. 04 (d) In this section, "dependent child" means an unmarried child, including an 05 adopted child, who is dependent upon a parent for support and who is either 06 (1) less than 19 years old; 07 (2) less than 23 years old and registered at and attending on a full-time 08 basis an accredited educational or technical institution recognized by the Department of 09 Education; or 10 (3) of any age and totally and permanently disabled.