Idaho Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Idaho Pre-Employment Inquiries (Interviewing): What you need to know

The Idaho Human Rights Act prohibits employers from making inquiries of prospective employees that state or imply any preference, limitation, or discrimination based on race, color, religion, sex, age, national origin, or disability. Inquiries about these factors are permissible, however, if based on a bona fide occupational qualification (BFOQ). The law applies to all public employers and private employers with five or more employees (Idaho Code § 67-5901 et seq.).
Commission-issued guidance. The Idaho Commission on Human Rights has published guidance to help employers analyze their application forms and hiring practices to avoid problems with preemployment inquiries. The information includes a list of acceptable and unacceptable preemployment questions. More information is available at
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Drug testing. The Idaho Employer Alcohol and Drug-Free Workplace Act sets up voluntary guidelines that permit alcohol and drug testing of job applicants and employees as a condition of hiring or continued employment (Idaho Code § 72-1701 et seq.). The law also enables an employer to classify a drug- or alcohol-related termination as work-related misconduct that can disqualify an employee from eligibility for unemployment compensation benefits. In addition to adhering to specific rules on sample collection, handling, and confidentiality, employers that choose to set up a testing program must comply with specific provisions of the law. More information is available at the Idaho drug testing section.
Polygraphs. No employer may require, as a condition of employment or continuation of employment, any employee or person to take a polygraph test (Idaho Code § 44-903).
Idaho statutes are available at

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