Idaho Selection and Testing: What you need to know

The Idaho Human Rights Act prohibits discrimination in employment based on race, color, religion, sex, age, national origin, or disability (ID Code Sec. 67-5901 et seq.). The law specifically prohibits employers from printing or publishing any job notice or advertisement indicating an unlawful discriminatory preference, limitation, or specification. The law covers all state governmental agencies, state contractors and subcontractors, and employers that have employed at least five or more employees each workday for 20 or more calendar weeks in the current or preceding year.
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Bona fide occupational qualification (BFOQ) exception. The Act permits employers to make employment decisions on the basis of religion, sex, national origin, or age, if the characteristic is a BFOQ reasonably necessary to the normal operation of the business or enterprise (ID Code Sec. 67-5910). There is no BFOQ exception for race or color. Because the selection of an employee based upon a protected characteristic is inherently suspect, any challenge of an employer's use of a BFOQ will be subject to a court's strictest scrutiny. As a result, employers should be particularly cautious when relying on this exception.
Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals. However, tests that have an adverse impact on a protected group may also be considered discriminatory even if there was no intent for the selection procedure to be discriminatory.
Under Idaho law, it is a misdemeanor for an employer to ...

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