Alaska Admin. Code tit. 6, § 30. § 6.30.910
Substantive standards
Operative Text
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. (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.
Under 6 AAC 30.910, Alaska's Human Rights Commission applies state anti-discrimination law (AS 18.80) as its primary authority, treating federal civil rights law—including the Americans with Disabilities Act—as instructive guidance rather than binding precedent. When state law is more protective than federal law, state law controls. The provision also establishes a 'business necessity' defense, allowing an employer to justify an otherwise prohibited employment distinction if it can be proven by clear and convincing evidence that the distinction is essential to safe and efficient operations and no less discriminatory alternative exists.
Plain English — not legal advice.
Although 6 AAC 30.910 is primarily an employment and public accommodations provision rather than a housing-specific rule, property owners and managers who function as employers or who provide public accommodations in Alaska should understand that the Alaska Human Rights Commission evaluates discrimination claims under AS 18.80 first, with federal standards serving only as a reference point. Operators who rely on a 'business necessity' defense bear a high evidentiary burden—clear and convincing evidence—and must demonstrate that no equally effective, less discriminatory practice was available. Compliant operators generally document the operational rationale for any employment or access distinction and periodically review whether alternative practices could achieve the same business purpose with less disparate impact.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 6 AAC 30.910, Alaskans who believe they have experienced unlawful discrimination in employment, state or local government services, or public accommodations may file a complaint with the Alaska State Commission for Human Rights, which adjudicates claims under AS 18.80. Because state law governs when it is more protective than federal law, complainants may have broader protections than those available under federal statutes like the ADA. Individuals exploring their options can review the commission's published guidelines, consult a tenant-rights or civil-rights organization, or contact the commission directly to understand how the substantive standards of 6 AAC 30.910 might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation