The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Accusation"
means the charging document, based on a substantial evidence determination, issued by the executive director after determination of conciliation failure under AMC Section 5.70.010B.
"Age"
is not intended to conflict with the provisions of AS 23.10.325—23.10.370, or any other laws relating to the rights and activities of minors.
"Amicus curiae"
means [Latin for "a] "friend of the court" in Latin. An amicus curiae brief is usually filed by one who has no standing to appear in a suit, but is interested in intervening to provide evidence, information or authority regarding a matter before the decision-making authority.
"Blockbusting"
means any effort, for profit, to induce or attempt to induce a person to sell or rent a dwelling based on representations that a change has occurred, or will or may occur regarding the entry into a block, neighborhood or area, in which the real property is located, of a person or persons of a particular race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, including but not limited to lower property values, an increase in criminal or antisocial behavior or decline in the quality of the schools or other facilities.
"Chair"
means the duly elected chairperson of the Anchorage Equal Rights Commission, or in the absence of the chair, the vice-chairperson or other commissioner designated by the chair or the remaining members of the commission.
"Closure"
means a decision issued by the executive director or his or her designee, to not pursue and dismiss a complaint, pursuant to sections 5.60.020 and 5.60.060 under this title.
"Commission"
means the volunteer Anchorage Equal Rights Commission (AERC) established in Charter section 17.02 and the members of the staff to whom the powers of the AERC are delegated, if applicable to those provisions.
"Commissioner"
means one of the members of the Anchorage Equal Rights Commission (AERC).
"Complainant"
means the person who files a complaint with AERC, alleging discrimination in violation of Anchorage Municipal Code title 5.
"Complaint"
means the document that is filed with the AERC under section 5.40.010, alleging discrimination in violation of Anchorage Municipal Code title 5.
"Conciliation"
means a process by which staff attempts to resolve a complaint by conferring and negotiating with the respondent after a determination of substantial evidence.
"Determination"
means a written decision, prepared by staff and signed by the executive director, that is served on the parties at the conclusion of the investigation or processing of a complaint.
"Discrimination"
means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal or denial or any other act or practice of differentiation or preference in the treatment of a person because of actual or perceived race, color, religion, national origin, age, sex, sexual orientation, gender identity, marital status, or physical or mental disability, or the aiding, abetting, inciting, coercing or compelling thereof.
"Educational institution"
means any day care center, nursery, kindergarten, elementary or secondary school, academy, college, university, extension course, or nursing, secretarial, business, vocational, technical, trade or professional school.
"Employee"
means an individual employed by an employer, but does not include an individual employed in the domestic service of any person.
"Employer"
means a person, public or private, who has one or more employees.
"Employment agency"
means any person undertaking to procure employees or to procure for employees' opportunities to work.
"Executive director"
means the executive director of the AERC or his or her designee.
"Fact finding conference"
is an initial meeting where evidence is produced and the complaint is discussed with the parties, and is held approximately 30 days after service of the complaint, unless waived as specified in section 5.50.040 under this title.
"Familial status"
means one or more individuals (who have not attained the age of 18 years) being domiciled with (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
"Financial institution"
means commercial banks, trust companies, mutual savings banks, cooperative banks, homestead associations, credit unions, bonding companies, surety companies or other commercial institutions which extend secured or unsecured credit or offer insurance.
"Gender identity"
means the gender with which a person identifies, and also includes the person's appearance, mannerisms, behavior, expression, or other characteristics of the person that are or are perceived to be related to gender, regardless of the individual's designated sex at birth or identified in documents.
"Hearing" or "public hearing"
means an administrative adjudication held pursuant to chapter 5.70.
"Hearing examiner"
means the person appointed by the hearing panel pursuant to section 5.70.040.
"Hearing panel"
means the commissioners designated by the chair to either conduct a public hearing or to appoint a hearing examiner pursuant to sections 5.70.020 and 5.70.040.
"Labor organization"
means any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees.
"Make whole"
means a remedy intended to eliminate a continuing unlawful discriminatory practice or the discriminatory effect of any past unlawful discriminatory act or practice, and may include actual damages, injunctive and equitable relief as specified in this title.
"Marital status"
means any differential treatment because of a person's marital status or change in marital status. This includes differential treatment shown toward a person because the person is unmarried, married, widowed, divorced, an unmarried parent, or is pregnant and unmarried.
"National origin"
includes birthplace, ancestry, culture, ethnicity, accent, or linguistic characteristics, or appearing to be a certain ethnic background, even if they are not.
"Order"
means a decision made by the commission constituting a final administrative order at the completion of a public hearing pursuant to chapter 5.70, or an order on reconsideration pursuant to section 5.60.030F.
"Party" or "parties"
means the complainant, respondent, intervener, amicus curiae and/or executive director.
"Person"
means one or more individuals, landlords, owners, lessors, managers, real estate brokers or agents, real estate salespeople, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, employees, employers, employment agencies, labor organizations, joint apprenticeship committees or other legal or commercial entities, or successors to any of the preceding.
"Physical or mental disability"
means, with respect to an individual:
1. 
A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
2. 
A history of, or a misclassification as, having a physical or mental impairment that substantially limits one or more major life activities; or
3. 
Having:
a. 
A physical or mental impairment that does not substantially limit a person's major life activities but that is treated by the covered entity as constituting such a limitation;
b. 
A physical or mental impairment that substantially limits a person's major life activities only as the result of the attitudes of others towards the impairment; or
c. 
None of the impairments defined in this subsection but being treated by others as having such an impairment.
"Physical or mental impairment"
means:
1. 
A physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine;
2. 
A mental or physiological disorder, including mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
"Pre-determination settlement"
means a process by which staff assists the parties to resolve a complaint prior to a determination on the merits of a complaint.
"Public accommodation"
means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, (1) whose goods, services, facilities, privileges, advantages or accommodations are made available to the general public, or (2) that accepts public funds with non-discrimination contractual requirements.
"Real property"
means a housing accommodation, unimproved property, vacant land offered or intended for the construction or location of housing accommodations, a building or a portion of a building, whether constructed or to be constructed, structures, real estate, lands, tenements, leaseholds, interest in real estate cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest therein, or a trailer park.
"Reconsideration panel"
means the commissioners designated by the chair of the commission to review an investigative case file pursuant to section 5.60.030D under this title.
"Respondent"
means the person against whom a complaint is made and may include any entity listed in Anchorage Municipal Code section 5.20.010, definition of Person.
"Request for essential information"
is served with the complaint on the respondent and commences the investigation into the allegations of the complaint.
"Sex discrimination"
means differential or preferential treatment shown toward a person because of one's sex, pregnancy or parenthood.
"Sexual orientation"
means actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality.
"Staff"
means those paid employees who assist the executive director in carrying out the provisions of Anchorage Municipal Code Title 5.
"Substantial evidence"
means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
"Unlawful discriminatory act or practice"
means an act or practice prohibited by Anchorage Municipal Code chapter 5.20.
(AO No. 92-116(S); AO No. 93-99; AO No. 93-149, § 2, 10-15-1993; AO No. 96-99, § 1, 10-22-1996; AO No. 2002-163, § 2, 1-7-2003; AO No. 2015-96(S-1), § 2, 9-29-2015; AO No. 2021-30(S), § 2, 5-25-2021)
A. 
It is unlawful for the owner, lessor, manager, agent, brokerage service, or other person having the right to sell, lease, rent, advertise, or an owner's association having the powers of governance and operation of real property to:
1. 
Refuse to sell, lease or rent, or to otherwise make unavailable, the real property to a person because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, familial status, or physical or mental disability.
2. 
Discriminate against a person because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, familial status, or physical or mental disability in a term, condition or privilege relating to the use, sale, lease or rental of real property.
3. 
Make a written or oral inquiry or record of the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, familial status, or physical or mental disability of a person seeking to buy, lease or rent real property.
4. 
Offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or sources in connection therewith because of a person's race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, familial status, or physical or mental disability.
5. 
Represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is available, or refuse a person the right to inspect real property, because of the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, familial status, or physical or mental disability of that person or because of any person associated with that person.
6. 
Engage in blockbusting for profit.
7. 
Circulate, issue or display, make, print or publish, or cause to be made or displayed, printed or published, any communication, sign, notice, statement or advertisement with respect to the use, sale, lease or rental of real property that indicates any preference, limitation, specification or discrimination based on race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, familial status, or physical or mental disability.
8. 
To discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of that person, or a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or any person associated with that person.
9. 
For purposes of subsection A, discrimination consistent with federal and state law includes but is not limited to:
a. 
A refusal to permit, at the expense of a disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; or
b. 
A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.
B. 
Notwithstanding the provisions of this section, this section does not apply where the renter or lessee shares common living areas in an individually or privately owned home or dwelling unit with the owner, lessor, manager, agent or other person and the owner, lessor, manager, agent actually occupies the home or dwelling unit as a resident. This section also does not apply to places which are institutional in nature and for which housing is merely incidental to a broader purpose, such as rehabilitation or medical care. Such institutional places may still be covered under section 5.20.050.
(CAC 8.36.090; AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 3, 1-7-2003; AO No. 2008-16, § 1, 3-18-2008; AO No. 2015-96(S-1), § 3, 9-29-2015; AO No. 2021-30(S), § 2, 5-25-2021)
A. 
It is unlawful for an insurance company, a financial institution or other commercial institution extending secured or unsecured credit, upon receiving an application for financial assistance or credit for the acquisition, construction, rehabilitation, repair or maintenance of a housing accommodation or other property or services, or the acquisition or improvement of unimproved property, or upon receiving an application for any sort of loan of money, or upon receiving an application for insurance, to permit one of its officials or employees during the execution of his or her duties to:
1. 
Discriminate against the applicant because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, in a term, condition or privilege relating to the obtainment or use of the institution's financial assistance, insurance or credit.
2. 
Make or cause to be made a written or oral inquiry or record of the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, of a person seeking the institution's financial assistance, insurance or credit unless the inquiry is for the purpose of ascertaining the applicant's creditworthiness or insurability.
3. 
Refuse to extend credit, issue a credit card, insure or make a loan to a single, divorced, pregnant or married person who is otherwise creditworthy, if so requested by the person, or to refuse to extend credit, issue a credit card, insure or make a loan to a creditworthy person based on that person's sexual orientation or gender identity.
4. 
Refuse to insure or to issue a credit card to a married person in that person's name, if so requested by the person, provided, however, that the person so requesting a card may be required to open an account in that name if so requested by that person.
5. 
Notwithstanding the provisions of this section, any practice permitted by federal or state law applicable to financial or credit transactions of the same character as those covered by this section does not constitute discrimination under this section.
6. 
This section does not prohibit an institution described in subsection A.1 of this section from refusing to contract with a person if the person lacks the legal capacity to contract or if the institution is reasonably in doubt about the person's legal capacity to contract.
(CAC 8.38.020; AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 3, 1-7-2003; AO No. 2015-96(S-1), § 4, 9-29-2015)
A. 
It is unlawful for:
1. 
An employer to refuse employment to a person, or to bar him or her from employment, or to discriminate against him or her in compensation, or in a term, condition or privilege of employment or to discharge, expel, reduce, suspend or demote him or her because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, unless the reason for the discrimination is a bona fide occupational qualification.
2. 
A labor organization to exclude or to expel a person from its membership or to discriminate against one of its members or an employer or employee because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability.
3. 
A person, employer or employment agency to broadcast, publish, print, circulate or cause to be broadcasted, published, printed or circulated a statement or advertisement in connection with prospective employment, or to use a form of application for employment that expresses, directly or indirectly, a limitation, specification, preference or discrimination as to race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability.
4. 
A person to discriminate in the payment of wages as between sexes, or to employ a person of one sex in an occupation at a salary or wage rate less than that paid to a person of another sex for work of comparable character or work in the same operation, business or type of work in the same locality.
5. 
An employer, labor organization or employment agency to discharge, expel, retaliate or to otherwise discriminate against a person because the person has opposed any practice forbidden under sections 5.20.010 through 5.20.070, or because they have filed a complaint, testified or assisted in a proceeding under this title.
(CAC 8.40.040; AO No. 92-116(S); AO No. 93-99; AO No. 93-77; AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 3, 1-7-2003; AO No. 2015-96(S-1), § 5, 9-29-2015; AO No. 2021-30(S), § 10, 5-25-2021)
A. 
It is unlawful for a person, whether the owner, operator, agent or employee of an owner or operator of a public accommodation, to:
1. 
Refuse, withhold from or deny to a person any of its accommodations, advantages, facilities, benefits, privileges, services or goods of that place on account of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age or physical or mental disability.
2. 
Publish, circulate, issue, display, post or mail a written or printed communication, notice or advertisement which states or implies that:
a. 
Any of the services, goods, facilities, benefits, accommodations, advantages or privileges of the public accommodation will be refused, withheld from or denied to a person of a certain race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability; or
b. 
The patronage or presence of a person belonging to a particular race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability is unwelcome, not desired, not solicited, objectionable or unacceptable.
3. 
Make a written or oral inquiry concerning the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability of an individual in connection with the solicitation, reservation, booking, sale or dispensing of its accommodations, advantages, facilities, benefits, privileges, services or goods.
(CAC 8.40.020; AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 3, 1-7-2003; AO No. 2015-96(S-1), § 6, 9-29-2015)
A. 
It is unlawful for a person operating or assisting in the operation of an educational institution to:
1. 
Refuse to admit or otherwise to discriminate against an individual with respect to the terms, conditions, accommodations, advantages, facilities, benefits, privileges or services of that institution on account of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or in a manner inconsistent with federal disability protections such as the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or the Individuals with Disabilities Education Act (IDEA), on account of physical or mental disability.
2. 
Make or use a written or oral inquiry or form of application for admission that elicits information concerning the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, of an applicant for admission, unless otherwise required by law.
3. 
Require or cause to be required that a photograph of an applicant for admission be submitted with an application for admission.
4. 
Publish, circulate or display, or cause to be published, circulated or displayed, a written, printed, oral or visual communication, advertisement or catalog or any other form of publicity relating to admission that expresses or indicates a preference, limitation, specification or discrimination on account of the race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, of an applicant for admission.
5. 
Establish, announce or follow a policy of denial or limitation of education opportunities for members of a group on account of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability.
6. 
Use in the recruitment of potential applicants for admission, a service or agency that discriminates against individuals on account of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability.
(CAC 8.40.030; AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 4, 1-7-2003; AO No. 2015-96(S-1), § 7, 9-29-2015; AO No. 2021-30(S), § 2, 5-25-2021)
A. 
It is unlawful for the municipality or any public agency of the municipality to:
1. 
Refuse, withhold from or deny to a person any local, state or federal funds, services, goods, facilities, advantages or privileges because of race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability.
2. 
Publish, circulate, issue, display, post or mail a written or printed communication, notice or advertisement which states or implies that any local, state or federal funds, services, goods, facilities, advantages or privileges of the office or agency will be refused, withheld from or denied to a person of a certain race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, or that the patronage of a person belonging to a particular race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability is unwelcome, not desired or not solicited.
B. 
Where the provisions of this section 5.20.070 conflict with provisions of Title 7 of this code, this section 5.20.070 shall govern.
(AO No. 91-173(S); AO No. 92-116(S); AO No. 93-99; AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 5, 1-7-2003; AO No. 2015-96(S-1), § 8, 9-29-2015)
It shall be unlawful for a person to discharge, expel, evict, retaliate or to otherwise discriminate against a person because they have filed a complaint, testified, assisted in a proceeding under this title or because the person has opposed any practice forbidden under this title. It is unlawful for a person to aid, abet, incite, compel or coerce the doing of an act forbidden under this title or to attempt to do so.
(AO No. 96-99, § 4, 10-22-1996; AO No. 2002-163, § 6, 1-7-2003; AO No. 2021-30(S), § 10, 5-25-2021)
A. 
Notwithstanding any provision of this chapter, it shall not be unlawful for a person in connection with the sale or rental of real property, financing practices, employment practices, public accommodations, educational institutions, and practices of the municipality to make or keep records identifying race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, if the purpose of the record is to comply with federal or state equal opportunity laws or regulations or in furtherance of a program designed to ensure compliance with this title.
B. 
The prohibitions against discrimination based on sexual orientation and gender identity in this chapter do not prohibit an employer or an operator of a place of public accommodation from:
1. 
Maintaining and enforcing gender-segregated restrooms, locker-rooms or dressing rooms, provided that persons are allowed to use such facilities consistent with their gender identity and nothing in this chapter shall be deemed to require the provision of special facilities to accommodate any person(s) based upon sexual orientation or gender identity.
2. 
Imposing reasonable dress codes and grooming standards, provided that persons are allowed to dress or groom consistent with their gender identity.
(AO No. 93-149, § 2, 10-15-1993; AO No. 2002-163, § 7, 1-7-2003; AO No. 2015-96(S-1), § 9, 9-29-2015)
A. 
Religious-preference exception: It shall be lawful for a bona fide religious or denominational institution, organization, corporation, association, educational institution, or society, to limit, select or give preferential treatment in employment, admissions, accommodations, advantages, facilities, benefits, or services, to persons of the same religion or denomination, that is reasonably calculated to promote the religious principles for which it is established or maintained. Such organizations otherwise remain subject to the other provisions in this title with regard to race, color, sex, sexual orientation, gender identity, national origin, marital status, age, or physical or mental disability.
B. 
Ministerial exception: This chapter shall not apply with respect to the employment of individuals whose positions would fall within the "ministerial exemption" as described by the United States Supreme Court in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012).
C. 
Nothing in this chapter shall be construed to violate any rights to free speech or religious exercise guaranteed by the Constitution of the State of Alaska or the Constitution of the United States.
(AO No. 92-116(S); AO No. 93-99; AO No. 2002-163, § 4, 1-7-2003; AO No. 2015-96(S-1), § 10, 9-29-2015; AO No. 2021-30(S), § 2, 5-25-2021)