The Idaho Human Rights Act prohibits discrimination in employment on the basis of religion (ID Code Sec. 67-5901et seq.). The Act applies to all public employers and private employers with five or more employees. Under the Act, it is unlawful for employers to:
• Fail or refuse to hire, discharge, or otherwise discriminate against an individual with respect to compensation or other terms or conditions of employment based on religion.
• 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 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.
Harassment. Verbal or physical conduct directed at an individual because of his or her religion is considered unlawful religious harassment if it has the purpose or effect of creating a hostile, intimidating, or offensive work environment.
Although claims of religious discrimination are usually brought on the basis of a person's membership in a particular religious group, the 9th Circuit Court of Appeals has ruled that federal law under Title VII of the Civil Rights Act of 1964 (Title VII) also prohibits discrimination based on nonmembership in a particular religious group (Noyes v. Kelly Servs., 488 F.3d 1163 (9th Cir. 2007)). In this case, the employee alleged that her employer discriminated against ...