Discrimination: Idaho

Federal law and guidance on this subject should be reviewed together with this section.

Author: Kass Harstad, Strindberg and Scholnick, LLC

Summary

• The Idaho Human Rights Act (IHRA) prohibits discrimination on the basis of certain protected classes, including race, color, religion, national origin, disability, sex and age. See Protected Classes under the Idaho Human Rights Act.
• The IHRA applies to governmental agencies, regardless of the number of employees, and private employers that have at least five employees working in Idaho. See Covered Entities under the Idaho Human Rights Act.
• The IHRA also recognizes that it is not a discriminatory employment practice for an employer to hire employees on the basis of certain protected classes where the protected status is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the employer's business. See Bona Fide Occupational Qualification.
• The IHRA has very specific provisions regarding disability discrimination. For instance, it prohibits preemployment inquiries regarding disabilities, but under certain circumstances, it allows employers to require medical exams of applicants and employees. It also defines when chronic contagious diseases, alcoholism and drug addiction constitute disabilities protected by The IHRA. See Disability.
• The IHRA has specific guidelines regarding mandatory retirement, but allows employers to observe certain seniority systems without breaking the law. See Age.
• The IHRA is enforced by the Idaho Human Rights Commission. An employee may not bring a claim of discrimination in court until and unless he or she has gone through the Idaho Human Rights Commission (IHRC), and IHRC has strict deadlines that an individual must meet before bringing a claim of discrimination. See Enforcement of the Idaho Human Rights Act.
• Once an employee has pursued a claim through IHRC, they may pursue their claim in either federal or Idaho state court. See Enforcement of the Idaho Human Rights Act.
• An employer may not pay lower wages to one sex than the other for comparable work on jobs that have comparable requirements. See Equal Pay.
• Idaho also has a statute making it a crime to discriminate on the basis of race, creed, color, sex or national origin. See Idaho Civil Rights Act.