The Idaho Human Rights Act prohibits discrimination in employment against applicants or employees on the basis of age (40 years of age or older) (ID Code Sec. 67-5901 et seq.). The state law applies to all public employers, private employers with five or more employees, and a contractor or subcontractor who is providing goods or services to the state. 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 based on age.
• 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 on the basis of age unless it is a bona fide occupation 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.
Knowledge of projected retirement dates. The 9th Circuit Court of Appeals has ruled that an employer's knowledge of employees' projected retirement dates when making a promotion decision constituted direct evidence of age discrimination under the federal Age Discrimination in Employment Act (ADEA) (Shelley v. Geren, 666 F.3d 599 (9th Cir. 2012)). The employee who brought the age discrimination claim was not selected to be interviewed despite the fact that he had many more years of relevant experience than the youngest candidate, who was ultimately hired. During the selection process, two ...