Alaska AIDS and Disease laws & HR compliance analysis

Alaska AIDS and Disease: What you need to know

The Alaska Human Rights Law prohibits discrimination in employment on the basis of physical or mental disability unless the reasonable requirements of the job require disability-related distinctions (AK Stat. Sec. 18.80.200 et seq.). The law applies to all public and private employers, including employment agencies and labor unions. It does not cover nonprofit charitable, educational, or religious organizations or social clubs.
An individual with acquired immune deficiency syndrome (AIDS) or another disease is covered if the individual meets the other statutory requirements of the law.
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Like the federal Americans with Disabilities Act (ADA), Alaska law prohibits an employer from making a decision regarding hiring, promotion, job duties, compensation, or any other condition of employment on the basis of knowledge or suspicion that an individual has a disability. The Alaska Human Rights Act does not expressly state that employers have a duty to provide a reasonable accommodation for an individual with a disability. However, the Alaska Supreme Court has ruled that employers have an implied duty to make a reasonable accommodation under the law (Moody-Herrera v. Dept. of Natural Resources, 967 P.2d 79 (Alaska 1998)). An employer is not obligated to offer an accommodation that creates an undue hardship to the employer. There is more on reasonable accommodation requirements.
Employers are also prohibited from retaliating against any person for filing a claim under the Human Rights Law, or participating in the investigation or hearing of a claim.
Physical or mental disability. An individual is defined as physically or mentally disabled if he or she:
• Has a physical or mental impairment that ...

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