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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 30. Alaska Workers' Compensation Act
- Section 247. Discrimination Prohibited.
previous: Section 245
. Invalid Agreements.
next: Section 250
. Penalties For Fraudulent or Misleading Acts; Damages in Civil Actions.
AS 23.30.247. Discrimination Prohibited.
- (a) An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has
in good faith filed a claim for or received benefits under this chapter. An employer who violates this section is
liable to the employee for damages to be assessed by the court in a private civil action.
- (b) This section may not be construed to prevent an employer from basing hiring, promotion, or retention policies or
practices on considerations of the employee's safety practices or the employee's physical and mental abilities; nor may
this section be construed so as to create employment rights not otherwise in existence.
- (c) This section may not be construed to prohibit an employer from requiring a prospective employee to fill out a
preemployment questionnaire or application regarding the person's prior health or disability history as long as it is
meant to either document written notice for second injury fund reimbursement under AS 23.30.205
(c) or determine whether the employee has the physical or mental capacity to meet the documented physical or mental
demands of the work.
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