The Idaho Human Rights Act prohibits discrimination in employment on the basis of race, color, religion, sex, age, national origin, or disability (ID Code Sec. 67-5901et seq.). Sexual harassment is considered a form of sex discrimination. The Act applies to all public employers and private employers with five or more employees. Under the Act, it is unlawful for an employer to:
• Fail or refuse to hire, discharge or otherwise discriminate against an individual with respect to compensation or other terms or conditions of employment on the basis of a protected characteristic.
• Reduce the wages of any employee in order to comply with the requirements of the Act.
• Print or publish a notice or advertisement relating to employment indicating a preference, limitation, specification, or discrimination based on religion, sex, national origin, or age unless it is a bona fide occupational qualification for employment.
• Retaliate or otherwise discriminate against an individual who has opposed any practice made unlawful by the Act or who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under the Act.
It is permissible to make an employment decision on the basis of religion, sex, national origin, or age because of a BFOQ reasonably necessary to the normal operation of the business or enterprise (e.g., having a females-only policy for models in a women's clothing store, requiring church membership to deliver a church sermon). Such situations are extremely rare, however, and employers should exercise extreme caution when making employment decisions that may have a discriminatory effect.
Note: Unlike ...