Idaho National Origin Discrimination: What you need to know

The Idaho Human Rights Act prohibits discrimination in employment on the basis of national origin (ID Code Sec. 67-5901 et seq.). “National origin” includes the national origin of an individual's ancestor. The law applies to all public employers and to private employers with five or more employees. Under the Act, it is an unlawful for an employer to:
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• Discriminate on the basis of national origin in hiring, discharge, or other terms and conditions of employment.
• Reduce the wages of any employee in order to comply with the requirements of the Act.
• Publish an advertisement for employment indicating any national origin preference, limitation, or specification, unless national origin is a bona fide occupational qualification (BFOQ) (see BFOQ Exception in this section).
• Retaliate against an individual because he or she has opposed discrimination, asserted his or her own rights under the law, or assisted others in doing so.
The Idaho Civil Rights Law also prohibits discrimination in employment because of national origin (ID Code Sec. 18-7301et seq.). A violation of the state civil rights law is a misdemeanor.
BFOQ. An employer may, in very limited circumstances, restrict hiring to members of a particular national origin. The employer must be able to demonstrate that this requirement is an actual qualification for doing the job and is necessary for the normal operation of business. BFOQs are narrowly interpreted and employers should exercise caution when making employment decisions that may have a discriminatory effect.
Bona fide seniority system or employee benefit plan. The state law also provides that it is not a discriminatory employment practice to observe the terms of a ...

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