Idaho Hiring laws & HR compliance analysis

Idaho Hiring: What you need to know

Discrimination. Under the Idaho Human Rights Act, employers may not make inquiries of or impose qualifications on prospective employees because of race, color, religion, sex, age (40 and over), national origin, or disability, unless based on a bona fide occupational qualification (BFOQ).
It is unlawful for an employer to fail or refuse to hire, or to otherwise discriminate against, an individual with respect to the terms, conditions, or privileges of employment based on any protected characteristic. The law applies to all public employers and to private employers with five or more employees (Idaho Code § 67-5901et seq.). More information is available at the Idaho Discrimination and Age Discrimination sections.
BFOQ exception. An employer may make an employment inquiry about one of the previously listed characteristics only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. The BFOQ exception applies only in limited circumstances, and generally, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds.
Disabilities. Employers cannot inquire whether an applicant has a disability or about the nature or severity of an impairment. They are allowed to make inquiries about the applicant’s ability to perform job-related functions. More information is available at the Idaho Disabilities section.
Veterans’ preference. Private, nonpublic employers may give preference in hiring to veterans (Idaho Code § 65-513). In the state personnel system, veterans, widows and widowers of veterans, and the ...

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