Section 6 AAC 30.910 - Substantive standards(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 may use 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act) and relevant federal case law as a guideline. If there is 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.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; am 7/13/2012, Register 2036 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.
Authority:AS 18.80.050
AS 18.80.060
AS 18.80.120
AS 18.80.145