Alaska Selection and Testing laws & HR compliance analysis

Alaska Selection and Testing: What you need to know

The Alaska Human Rights Law prohibits employment discrimination based on race, religion, color, or national origin, or because of the person's age, sex, physical or mental disability, marital status, changes in marital status, pregnancy, or parenthood, unless the reasonable demands of the position in question require a distinction based on the protected characteristic. The Law also specifically prohibits employers from using employment applications or printing or circulating statements, advertisements, or publications that indicate an unlawful discriminatory preference, limitation, or specification, unless the factors indicated are bona fide occupational qualifications (BFOQs). Public and private employers employing one or more employees are covered by the Law (AK Stat. Sec. 18.80.010 et seq.).
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Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals. "Disparate impact" occurs when a seemingly neutral employment practice, such as a test, unfairly impacts a protected group of applicants or employees. If disparate impact occurs in such a circumstance, it may be found to violate fair employment laws, unless the employer can show that the test is job-related for the position in question and consistent with business necessity. Additional information is available.
Alaska law allows employers to test job applicants and employees for drug or alcohol impairment and regulates the procedures that employers must follow in implementing such testing (AK Stat. Sec. 23.10.600 et seq.). ...

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