Made available by
Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.
You can also go to The Alaska Legal Resource Center or search the entire website search.
|
(a) Determinations by the commission's staff, recommendations by examiners and adjudications by hearing commissioners will be made consistent with state decisions on AS 18.80, commission decisions, commission guidelines, regulations, and policy statements.
(b) The commission considers instructive, but not binding, relevant federal case law, statutes, regulations, and guidelines if they do not limit the commission's obligation to construe AS 18.80 liberally. In deciding complaints of alleged discrimination under AS 18.80 in employment, state and local government services, or public accommodations because of physical or mental disability, the commission will, in the commission's discretion, use 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act), as amended as of 2/26/93; 29 C.F.R. pt. 1630, as amended as of 2/26/93; and relevant federal case law as a guideline. In the event of a conflict between these federal laws and AS 18.80 and the regulations in this chapter, the provisions of state law will govern when state law is more liberal than federal law.
(c) It is a defense to a complaint of unlawful discrimination to establish by clear and convincing evidence that a distinction in employment prohibited by AS 18.80.220 (a)(1) is required by business necessity or the reasonable demands of the position. "Business necessity" or "reasonable demands of the position" means that the distinction is necessary to the safe and efficient operation of the business; the business purpose is sufficiently compelling to override any disproportionate impact on an individual protected by AS 18.80.220 (a), and the challenged business practice efficiently carries out the business purpose it is alleged to serve, and there is no available or acceptable policy or practice which would better accomplish the business purpose advanced or accomplish it equally well with less discriminatory impact on the complainant.
History: Eff. 12/7/63, Register 13; am 11/2/74, Register 52; am 6/6/75, Register 54; am 12/17/76, Register 60; am 1/14/77, Register 61; am 5/2/79, Register 70; am 3/12/81, Register 77; am 4/15/94, Register 130
Authority: AS 18.80.050
Editor's note: 6 AAC 30.910(a) and (b) were based on 6 AAC 30.010(m) and 6 AAC 30.055(d) before 3/12/81. The history note to this section contains the history of 6 AAC 30.010(m) and 6 AAC 30.055(d) , before 3/12/81.
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006