Alaska Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Alaska Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Alaska Human Rights Law prohibits employers from making inquiries of prospective employees that state or imply any limitation or discrimination based on race, religion, color, national origin, age, sex, disability, marital status, changes in marital status, pregnancy, or parenthood (Alaska Rev. Stat. § 18.80.200 et seq.). Inquiries about these factors are permissible, however, if based on a bona fide occupational qualification (BFOQ). The law applies to all employers in the state. More information is available at the Alaska employment discrimination section.
Salary history. Employers in Alaska should be cautious about salary history inquiries. The 9th Circuit Court of Appeals has held that under the federal Equal Pay Act (EPA), an employee's prior rate of pay was not a "factor other than sex" that allowed the employer to pay her less than male employees who performed the same work, and only job-related factors can serve as affirmative defenses to EPA claims (Rizo v. Yovino, 950 F.3d 1217 (9th Cir. 2020)).
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Drug testing. Alaska law allows employers to test job applicants for drug or alcohol impairment and regulates the procedures that employers must follow in implementing such testing (Alaska Rev. Stat.§ 23.10.600 et seq.). State law does not require employers to drug test but strictly regulates employers that voluntarily choose to implement a drug testing program. More information is available at the Alaska alcohol and drugs section. A separate provision of Alaska law requires drug and alcohol testing, including random testing, for public sector school bus drivers who transport pupils in school districts or regional educational attendance areas (Alaska Rev. ...

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