Rep. Josephson introduces bill to extend Alaska Human Rights Commission jurisdiction to nonprofits; committee tables consideration

Representative Andy Josephson (House District 13) introduced House Bill 23 to the House Labor and Commerce Committee on Feb. 19, proposing that nonprofits be subject to the jurisdiction of the Alaska State Commission on Human Rights for claims of workplace discrimination. "The bill does the following thing. It says that nonprofits would be subject to the jurisdiction of the Human Rights Commission as to claims of discrimination, related to principally employment, of course," Josephson told the committee.

Ken Alper, staff to Representative Josephson, told the committee that the commission is created under Alaska law (Title 18) and that the current statutory definition of "employer" excludes many nonprofit employers. Alper said that a recent Foraker Group analysis indicates the uncovered population is roughly 44,000 Alaskans employed by nonprofits; of the state's 5,688 nonprofits, only about a quarter have employees, so the bill would affect employees of roughly 1,500 staffed nonprofits.

What the bill would do and related issues

- Change to definitions: HB23 would amend the statutory definition of "employer" in the Alaska State Commission on Human Rights enabling statute so that nonprofit employers are included within the commission's jurisdiction for discrimination claims, subject to carved-out exemptions for religious and fraternal organizations discussed in committee.

- Coverage gap addressed: Committee testimony noted that the federal Equal Employment Opportunity Commission (EEOC) generally covers employers with 15 or more employees, leaving smaller nonprofits and their employees with limited access to state-level remedies in some parts of Alaska. "The one gap that it absolutely would fill is for nonprofits with fewer than 15 employees because the EEOC will only handle the larger employers like that," Ken Alper said.

- Commission recommendations and potential substitutes: Alper said the Alaska State Commission on Human Rights has repeatedly recommended adding nonprofits to its coverage. He also summarized a set of additional changes that have been discussed elsewhere or in prior drafts: renaming the agency to the State Commission on Civil Rights, statutory protection of commissioners from ad-hoc removal ("for cause" removal standard), and revisions to reporting timing and format (moving an annual report to November and allowing electronic submission). Those additional items were not included in the version before the committee but may be proposed as a committee or sponsor substitute later.

Stakeholder input and concerns

Representative Josephson said he had an informal conversation with Laurie Wolfe (Foraker Group) who expressed some concern but not strong opposition. The committee heard that some nonprofit stakeholders may view adding the commission's jurisdiction as a change in "turf" that merits outreach and additional drafting to preserve appropriate religious and small-fraternal exemptions.

Committee action

Committee leadership said they would set the bill aside for future consideration; no committee vote to advance or defeat the bill was recorded. "We'll set this bill aside for consideration at a future date," the chair said at the hearing's close.

Why this matters: Sponsors said the bill fills a statutory gap that currently leaves employees of many smaller nonprofits without an accessible state forum for discrimination claims. Questions raised in the hearing included the interplay with EEOC jurisdiction and whether the proposed definition would unintentionally encompass religious institutions; sponsors said statutory carve-outs can preserve those existing exemptions.

The committee heard the introduction and that the executive director of the Alaska State Commission on Human Rights, Robert Corbusier, was available online for questions. Committee members were invited to submit follow-up questions for written responses before further consideration.