Alaska Employment Screening Overview
Alaska is generally employer-friendly for background screening, with no statewide ban-the-box law for private or public employers (the former state executive-branch restriction under AO 296 was rescinded in 2019), no salary history ban, and no restrictions on credit checks beyond federal requirements.
Employers choosing to conduct drug testing must follow detailed state procedures including written policies, 30-day advance notice, and certified laboratory confirmation. Federal requirements and local ordinances such as Anchorage's restrictions for city employers and contractors may still apply.
What's Permitted
- Private employers may ask about criminal history at any hiring stage
- No statewide salary history ban currently in effect for private employers
- Employers may conduct drug testing following detailed statutory procedures
- No state-specific credit check restrictions beyond federal requirements
What's Prohibited
- Initiating a drug testing program without 30 days' advance written notice to employees
- Relying on positive drug tests without physician-reviewed confirmatory results for employees
- Using non-certified laboratories or skipping gas chromatography-mass spectrometry confirmation
- Disclosing drug test results to persons not authorized under the employer's written policy
Ban the Box Laws
Local Ordinances OnlyStatus Summary
Alaska has no statewide Ban-the-Box for private or public employers. Administrative Order 296 (which had applied to state executive-branch hiring) was rescinded by AO 309 in February 2019. Anchorage has local restrictions for municipal employers and certain city contractors. Federal FCRA/Title VII and the Fair Chance Act apply. See AWIB guidance: https://awib.alaska.gov/AWIB_Fair_Chance_Employmen...
Key Requirements
No Statewide Ban-the-Box (Alaska)
Alaska has no statewide Ban-the-Box law; private employers may ask about convictions at any stage: https://awib.alaska.gov/AWIB_Fair_Chance_Employmen...
- Private employers: may ask anytime
- No state enforcement agency
- Initial-application limits not statutory
- Check municipal ordinances locally
Administrative Order 296 (Rescinded)
Former executive order that restricted criminal-history questions for state agencies, rescinded by AO 309 in February 2019: https://gov.alaska.gov/admin-orders/administrative...
- Was issued by Governor Walker
- Applied to most executive agencies
- Rescinded by Governor Dunleavy (AO 309, Feb 2019)
- No longer in effect for state hiring
Anchorage Municipal Ordinance
Anchorage restricts criminal-history inquiries for municipal employers and certain city contractors:
- Delays criminal-history questions
- Applies to city hires and some contractors
- Does not apply to private employers generally
- Check current municipal code for details
AS 12.62.160 — criminal records dissemination
State statute governs release of criminal-history records and searches: https://dps.alaska.gov/statewide/r-i/background/ho...
- DPS provides name/fingerprint checks
- Name search fee: $20; fingerprints: $35
- Records generally public indefinitely
- Limited expungement/sealing available
Fair Credit Reporting Act (FCRA)
Federal rules on background checks, disclosures, and adverse actions: https://labor.alaska.gov/lss/forms/pam100.pdf
- Written consent required before checks
- Standalone disclosure document required
- Adverse-action procedures must be followed
- Arrests >7 years generally not reportable
Title VII (EEOC guidance)
EEOC requires individualized, non-discriminatory criminal-screening analyses: https://awib.alaska.gov/AWIB_Fair_Chance_Employmen...
- Individualized assessment required
- Consider offense relevance and age
- Consider rehabilitation evidence
- Applies to employers with 15+ employees
Fair Chance to Compete for Jobs Act (federal contractors)
Federal contractors must delay criminal-history checks until after conditional offers: https://www.dol.gov/agencies/ofccp
- Applies to federal contractors and agencies
- Delay checks until conditional offer
- Compliance enforced through contracts
- Verify agency-specific requirements
Ban the Box Best Practices for Alaska Employers
- Delay criminal-history questions until after interview or conditional offer
- Obtain standalone written consent before conducting background checks
- Limit inquiries to job-related offenses and business necessity
- Perform individualized assessments considering offense, age, rehabilitation
- Follow FCRA adverse-action procedures before final employment decisions
Salary History Ban
NoSenate Bill 78 (SB 78)
Proposed 2025 bill to restrict salary-history use and require pay transparency:
- Require pay range in job postings
- Prohibit asking prior compensation
- Protect wage discussions among employees
- Apply to public and private employers
- Penalties: $100–$2,000 daily
Source: SB 78 bill text — https://www.akleg.gov/basis/Bill/Text/34?Hsid=SB00...
House Bill 146 (HB 146)
2021–22 proposal with similar pay-transparency provisions:
- Required pay disclosure in postings
- Prohibited salary history inquiries
- Did not advance to enactment
- Modeled like SB 78 provisions
Source: HB 146 bill text — https://www.akleg.gov/basis/Bill/Text/32?Hsid=HB01...
House Bill 156 (HB 156)
34th Legislature proposal mirroring prior bills:
- Required wage transparency in postings
- Prohibited asking applicants' salaries
- Remained pending as of Oct 2025
Source: HB 156 bill text — https://www.akleg.gov/basis/Bill/Text/34?Hsid=HB01...
AS 18.80 (Alaska Statute)
Existing statute addressing sex-based pay discrimination:
- Prohibits sex-based wage discrimination
- Enforced by Alaska Human Rights Commission
- Doesn't ban salary-history questions
- Allows complaints and remedies
Source: Alaska Human Rights statutes — https://humanrights.alaska.gov/wp-content/uploads/...
Alaska — Current law (no statewide ban)
Status as of Oct 31, 2025: no enacted salary-history ban:
- No statewide salary-history statute
- Dept. of Labor guidance omits ban
- Employers not currently prohibited
- Monitor pending legislation closely
Sources: Alaska Dept. of Labor pamphlet — https://labor.alaska.gov/lss/forms/pam100.pdf ; Wage & Hour overview — https://labor.alaska.gov/lss/whhome.htm
Salary History Best Practices for Alaska Employers
- Monitor SB 78 and legislative updates regularly.
- Avoid asking applicants about prior compensation.
- Publish pay ranges in job postings when feasible.
- Train HR on current Alaska rules and proposed requirements.
- Conduct internal audits and document corrections to mitigate penalties.
Consumer Credit Checks
NoAlaska has no state law restricting employment credit checks; employers follow FCRA and Title VII; HB 178 remains pending and addresses housing/credit reporting, not employment. See: https://www.ftc.gov/business-guidance/resources/wh... https://www.eeoc.gov/laws/guidance/background-chec... https://www.akleg.gov/basis/Bill/Text/34?Hsid=HB01...
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal consumer-reporting rules for employment screening:
- Written disclosure and applicant consent required.
- Pre-adverse and final notices required.
- Certain records limited to seven years.
- Criminal convictions have no time limit.
- Enforced by the Federal Trade Commission.
Source: FTC guidance on FCRA for employers — https://www.ftc.gov/business-guidance/resources/wh...
Title VII, Civil Rights Act of 1964
Federal anti-discrimination rules applied to background checks:
- Requires relevance assessment for job duties.
- Prohibits disparate impact discrimination.
- Enforced by EEOC with guidance.
- Employers must consider race implications.
Source: EEOC background-check guidance — https://www.eeoc.gov/laws/guidance/background-chec...
Alaska Statutes Title 18, Ch. 18.80 (Human Rights)
State anti-discrimination law; no state credit-check rules:
- Protects listed characteristics from discrimination.
- Does not list credit history protections.
- Complaints filed with Human Rights Commission.
- 300-day filing deadline and notarization.
Source: Alaska Human Rights statutes — https://humanrights.alaska.gov/wp-content/uploads/...
House Bill 178 (HB 178) — Alaska (pending)
Pending Alaska bill addressing medical debt and reporting:
- Bill pending; not enacted January 2026.
- Primarily addresses housing and medical debt.
- Does not currently prohibit employment discrimination.
- Proposed limits on medical debt in reports.
Source: HB 178 text and status — https://www.akleg.gov/basis/Bill/Text/34?Hsid=HB01...
Anchorage Municipal Code / AO 2009-064
Local ordinance mirrors state protections; no credit rules:
- Mirrors state protected classes and protections.
- No separate credit-check restrictions.
- Local ordinance does not fill state gap.
- Applies within Anchorage municipal boundaries.
Source: Anchorage municipal code — http://anchorage-ak.elaws.us/code/coor_anmuchcore0...
Credit Check Best Practices for Alaska Employers
- Comply with FCRA: disclosure, written consent, and adverse notices.
- Assess credit relevance to specific job duties per EEOC guidance.
- Avoid decisions that disproportionately impact protected classes.
- No Alaska-specific credit-check law; follow federal requirements only.
- HB 178 pending; not law and not employment-focused.
Marijuana Protection
Medicinal Marijuana
Employers may not discriminate against registered medical marijuana cardholders solely for a positive THC test; discipline requires evidence of workplace use or impairment. See AS 17.37.040(d) and AS 23.10.600-699.
Recreational Marijuana
Employers may prohibit recreational marijuana use at work; lawful off-duty use outside the workplace does not prevent discipline for workplace use or impairment. See AS 17.38.200 and AS 23.10.600-699.
Drug Testing Regulations
Alaska law AS 23.10.600–23.10.699 permits voluntary employer drug/alcohol testing if employers adopt a written policy, provide 30‑day notice, use certified labs with physician‑reviewed confirmatory tests, pay employee testing costs, and maintain confidentiality and statutory liability protections.
Permitted Testing Types
Pre-Employment
Allowed if employer complies with statute's written‑policy requirements.
Random Testing
Allowed if selection uses scientifically valid equal‑chance method.
Reasonable Suspicion
Allowed when employer reasonably suspects impairment and follows statute.
Post Accident
Allowed as soon as practicable for employees reasonably believed responsible.
Workers' Compensation Discount
Workers' compensation may be denied if injury was proximately caused by intoxication or nonprescribed drug use.
Refusal or positive post-accident tests can justify denial, but valid procedures, confirmatory tests, and physician review are required.
Best Practices
- Adopt a written policy including the ten mandatory elements.
- Provide employees 30 days' written notice before program starts.
- Use certified laboratories; require GC‑MS confirmation and physician review.
- Employer pays all testing costs for current employees.
- Address marijuana: prioritize workplace impairment evidence, not metabolites.
Clean Slate Laws
NoNo statewide clean slate law. Sealing available only for mistaken identity or false accusation (AS 12.62.180: https://law.justia.com/codes/alaska/title-12/chapt... A 2024 exception allows sealing of certain marijuana possession convictions. Set-aside of conviction (AS 12.55.085) does not erase the criminal record. No automatic record sealing mechanism exists.
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [Immigration Reform and Control Act of 1986 (I‑9)]
No Alaska E‑Verify mandate for private employers; must comply with federal I‑9 (IRCA); E‑Verify is voluntary absent a federal contract. https://doa.alaska.gov/dop/ppdb/SOP/Ch05Employment... https://doa.alaska.gov/dop/ppdb/SOP/Ch06EmployeeRe...
Federal Contractors [Executive Order 13465; FAR E‑Verify clause]
Federal contractors/subcontractors on qualifying contracts must enroll in and use E‑Verify per FAR/EO, verify employees within required timelines, and meet contract thresholds. https://doa.alaska.gov/dop/ppdb/SOP/Ch05Employment... https://aws.state.ak.us/OnlinePublicNotices/Notice...
Any other relevant groups [State personnel SOP; Municipality of Anchorage; New Hire Reporting]
State employers must complete Form I‑9 for new hires; Municipality of Anchorage participates in E‑Verify; employers must report new hires to Alaska within 20 days. https://doa.alaska.gov/dop/ppdb/SOP/Ch06EmployeeRe... https://labor.alaska.gov/lss/forms/pam100.pdf https://aws.state.ak.us/OnlinePublicNotices/Notice...
Background Check Regulations
Employers in Alaska must follow federal screening laws (FCRA, Title VII); Alaska imposes few state‑specific restrictions and has no statewide ban‑the‑box, though state agencies maintain fingerprint/records procedures—consult Alaska DPS for agency‑specific rules.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days