Illegal Interview Questions in Alaska: What Employers Cannot Ask

Federal law prohibits employers from asking interview questions that discriminate based on protected classes. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, covers race, color, religion, sex, and national origin. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, prohibits disability-related questions except in limited circumstances after a conditional job offer. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, protects individuals 40 and older from age-related inquiries.

These laws apply to employers with 15 or more employees (20 or more for ADEA, 15 or more for ADA and Title VII in most contexts). The EEOC enforces these federal protections. Prohibited interview questions include direct inquiries about disability status, medical history, age, religion, national origin, race, ancestry, sex, marital status, family plans, or past arrests unrelated to the job. Employers may only ask questions that measure ability to perform the job's essential functions.

Remedies for federal violations include back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney fees. The complainant must file with the EEOC within 180 days of the discriminatory act in non-deferral states, though many states are deferral states with extended filing windows.

Alaska's anti-discrimination law, the Alaska Human Rights Act (Alaska Stat. § 18.80.010), provides protections in employment that are substantially similar to federal law but in some respects broader and with a lower employee threshold. Alaska law protects against discrimination based on race, color, religion, national origin, age (without the 40+ age floor of federal ADEA), sex, marital status, changes in marital status, physical or mental disability, and political affiliation or belief. Employers with one or more employees in Alaska are covered, which is significantly lower than the federal 15-employee threshold for Title VII and ADA.

Alaska's statute is stronger than federal law in three key respects for interview questions. First, it covers all employers with even one employee, not just employers with 15 or more. Second, Alaska's age protection applies to all ages, not just employees 40 and older, meaning employers cannot ask about age as a screening device for younger workers either. Third, Alaska Stat. § 18.80.220 adds specific protections against inquiries into criminal history: employers cannot ask about arrests or dismissed charges, though they may inquire about conviction records if the conviction is job-related and reasonably necessary.

Under Alaska law, marital status and changes in marital status are explicitly protected categories in hiring, so questions about divorce, marriage plans, or family status are prohibited. The Alaska State Commission for Human Rights enforces state law with jurisdiction over complaints from employees alleging discrimination in hiring or interviews. Remedies under Alaska law include back pay, front pay, reinstatement (if applicable to rehire decisions), damages for emotional distress and humiliation, and attorney fees and costs. The statute of limitations for filing a complaint with the Commission is one year from the alleged violation, though complainants should file promptly.

Alaska employment law does not prohibit all questions about protected characteristics in all circumstances; context and job-relatedness matter. An employer may ask disability-related questions if the applicant voluntarily discloses a disability or after a conditional job offer has been extended, per ADA rules. Questions about disability necessary to determine ability to perform essential job functions with reasonable accommodation are permitted, but these must be carefully framed as job-requirement questions, not blanket disability inquiries.

Questions about criminal history are restricted under Alaska Stat. § 18.80.220, but not absolutely prohibited. Employers cannot ask about arrests or dismissed charges. However, employers may ask about felony convictions and misdemeanor convictions if the conviction is job-related and the crime's nature has a reasonable relationship to the job duties or the applicant's fitness for employment. For example, a conviction for theft might be relevant to a cashier position, but not to a software developer role.

Age is protected at all ages in Alaska, but this does not prohibit questions about ability to perform essential functions or questions about licenses or experience (which may incidentally reveal age). An employer cannot ask "How old are you?" or "What year were you born?" but may ask "Are you 18 or older?" if a job requires it by law, or ask about specific experience or licensure.

Exceptions also exist for bona fide occupational qualifications (BFOQs). If a job genuinely requires a specific characteristic (extremely rare), discrimination on that basis may be defended. However, BFOQs are narrowly construed and cannot be based on customer preference or stereotypes. Additionally, if an applicant volunteers information about a protected status, the employer's awareness of that information does not automatically trigger liability unless the decision was motivated by the protected status. Federal contractors may have additional obligations under Executive Order 11246 regarding affirmative action, though this does not change what questions they can ask in interviews.

Step 1: Document the Interview Question and Context. Immediately after the interview, write down or record (if possible under Alaska law, which requires two-party consent for recording, so be cautious) the exact question asked, the date, time, location, and names of all individuals present. Document your response, the interviewer's reaction, and how the interview proceeded afterward. Retain your job application materials, any emails confirming the interview, and any follow-up communications. This documentation is critical because it proves the question was asked and may show whether your non-answer or refusal affected the hiring decision.

Step 2: Address the Concern Internally if Appropriate. If you are still in the hiring process or employed by the company, you may consider raising the issue directly with the hiring manager or HR department in writing, explaining that the question violated Alaska's human rights law and requesting confirmation that the decision will not be based on your protected status. Document this communication. However, do not feel obligated to do this if you fear retaliation or do not trust the process; you can proceed directly to filing a complaint. Some employers will correct course after a polite notice, but others may retaliate, so weigh the risks.

Step 3: File a Complaint with the Alaska State Commission for Human Rights. You have one year from the date of the interview to file. Contact the Commission at 900 W 5th Avenue, Suite 250, Anchorage, AK 99501, phone (907) 274-4875, or visit their website at state.ak.us/law/human-rights/. You can file online, by mail, or in person. Provide your name, address, phone, email, employer name and address, date of the interview, description of the illegal question, and explanation of how you were harmed. Attach copies of all documentation including emails, interview confirmations, and written notes of the question. The Commission will assign your complaint a docket number and notify the employer, who will have an opportunity to respond.

Step 4: Understand the Investigation and Conciliation Process. The Commission will investigate your complaint, which typically takes 90 to 120 days. The investigator will request additional information from you and the employer, may interview witnesses, and will review all evidence. The Commission seeks to achieve conciliation (settlement) between the parties. If conciliation fails, the Commission may issue a cause determination, meaning it found probable cause that a violation occurred. If cause is found, the case may proceed to an administrative hearing before a hearing examiner or go to the Alaska Superior Court. During investigation, cooperate fully with the Commission, provide requested documents promptly, and be prepared to discuss your experience in a phone interview with the investigator.

Step 5: Consider Legal Representation Early. If you can afford an attorney, consult one before filing or immediately after to ensure your complaint is properly framed and documented. An employment law attorney in Alaska can advise whether you have a strong case, help you assess damages, and represent you through investigation and hearing if needed. Many Alaska employment attorneys work on contingency for discrimination cases, meaning you pay only if you recover. You can also file a federal charge with the EEOC simultaneously if the employer has 15+ employees and the conduct violates federal law (Title VII, ADA, ADEA), which may preserve your federal remedies. An attorney can help coordinate state and federal filings to maximize your options.