Idaho AIDS and Disease laws & HR compliance analysis

Idaho AIDS and Disease: What you need to know

The Idaho Human Rights Act prohibits employers from discriminating against an individual with a disability (ID Code Sec. 67-5901 et seq.). The law applies to all public employers, private employes with five or more employees, employment agencies, and labor organizations.
“Disability” is defined as any physical or mental condition that constitutes a substantial limitation to a person and can be demonstrated using medically acceptable diagnostic techniques. The law protects an employee or job applicant who has a disability, has a record of a disability, or is "regarded as" having a disability.
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Like the federal Americans with Disabilities Act (ADA), the Idaho law prevents an employer from making a decision regarding hiring, promotion, job duties, compensation, or any other condition of employment on the basis of an actual or perceived disability. However, under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a regarded as disability.
The Idaho Human Rights Commission enforces the Human Rights Act. The Commission has the authority to initiate, receive, and investigate discrimination complaints, issue subpoenas, hold hearings, issue administrative decisions and orders, and enforce its orders in state court. After exhausting administrative remedies, a person alleging discrimination may file a private lawsuit in state court. Remedies include cease and desist orders, hiring, reinstatement, promotion, back pay, benefits, and punitive damages.

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