The Alaska Human Rights Law prohibits discrimination in employment on the basis of national origin, including ancestry (AK Stat. Sec. 18.80.010 et seq.). Generally, national origin refers to an individual's country of birth; ancestry refers to the country of birth of one's ancestors. The Law applies to all employers in the state, except social clubs and fraternal, charitable, educational, or religious associations or corporations, as long as the corporation or association is not-for-profit. Under the state law, it is unlawful to:
• Refuse employment, terminate employment, or discriminate against a person in compensation or in the terms or conditions of employment because of national origin.
• Discharge, expel, or otherwise discriminate against a person because the person has opposed any practices forbidden under the state law or because the person has filed a complaint, testified, or assisted in a proceeding under the law.
• Print or publish a statement, inquiry, or advertisement for employment that directly expresses a limitation, specification, or discrimination as to national origin, unless based on a bona fide occupational qualification (BFOQ).
• Aid, abet, incite, compel, or coerce the doing of discriminatory acts.
• Discriminate or retaliate against any person who has lawfully opposed discrimination or has assisted in any proceeding under the state law.
It may be permissible to hire an individual on the basis of national origin because of a BFOQ reasonably necessary for the job in question (e.g., hiring actors to portray individuals of a certain national origin). These situations are rare, however, and employers should exercise extreme caution in making employment decisions that have a ...