The Alaska agency charged with investigating discrimination claims changed its guidance on the treatment of transgender employees after receiving new advice from the attorney general.
The Alaska Human Rights Commission released updated guidelines last week on LGBTQ employment discrimination in Alaska that weaken guaranteed protections for transgender employees, after receiving earlier this year new legal analysis from the Department of Law.
The new document posted last week states that “whether an employer may deny an employee equal access to a bathroom, locker room, or shower that corresponds to the employee’s gender identity is an open question of law in Alaska because there is no statute or controlling judicial opinion that applies in this state.”
Asked if he thought the change would weaken protections for transgender employees, Corbisier took a long pause, before saying that “the agency’s jurisdiction needs to be supported by statute and case law” and “the agency shouldn’t be taking positions that the Department of Law doesn’t feel can be defended.”
“The guidance document simply puts employers and employees on notice of the fact that the law is still uncertain in Alaska under those specific scenarios. This allows employees and employers to make rational decisions based upon those uncertainties,” Sullivan said. The commission operates by investigating claims of discrimination and deciding whether discrimination took place, but it only conducts investigations when the claims meet certain criteria set by the commission.
Commission Chair Zackary Gottshall said in August that despite the federal case law indicating that transgender people’s rights should be protected, “Ultimately, in order for Rob to receive proper guidance, we have to make a motion and vote on it, on how to handle these particular individuals.” “With gender incongruence, it’s like it’s a rush to say, modify your bathrooms to accommodate this. So, I’m confused about bathrooms. I’m confused about why pronouns are any more of a deal then what other derogatory comments are,” said Marsh.The August meeting was the culmination of months of work by Corbisier to adapt the commission’s LGBTQ guidelines in response to legal interpretation by the Department of Law.
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