Idaho — Workplace Discrimination

The Idaho Human Rights Act (IHRA) prohibits employment discrimination based on race, color, religion, sex, national origin, age, and disability. An "employer" under the Act means a person who hires five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, whose services are to be partially or wholly performed in Idaho. The definition excludes domestic servants hired to work in and about a person's household. Any agency of or governmental entity within Idaho is covered regardless of employee count, as is any contractor or subcontractor furnishing material or performing work for the state.

Source: Idaho Code § 67-5902(6) & § 67-5909

Idaho requires administrative exhaustion before a discrimination lawsuit may be filed in court. A complaint must be filed with the Idaho Human Rights Commission as a condition precedent to litigation. Once the Commission issues a notice of administrative dismissal, the complainant may file a civil action in district court, but must do so within ninety (90) days of issuance of that dismissal notice. No court action is permitted until the administrative process with the Commission concludes with a dismissal.

Source: Idaho Code § 67-5908(2)

The Idaho Human Rights Act (IHRA) prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, and disability. The scope of protection varies by characteristic.

Race, color, religion, sex, and national origin receive the broadest protection under Idaho Code § 67-5909. Discrimination on these bases is prohibited across all contexts covered by the Act, including employment practices (hiring, discharge, compensation, terms and conditions), employment agency referrals, labor organization membership, discriminatory job advertisements, public accommodations, housing, education, and real property transactions.

Age discrimination is prohibited in a narrower set of contexts. Idaho Code § 67-5909 limits age protection to subsections (1) through (4), which cover employer hiring and employment practices, employment agency referrals, labor organization actions, and discriminatory advertisements relating to employment. The prohibition does not extend to public accommodations, housing, or real property transactions. Age protection applies only to individuals who are at least forty (40) years of age, per Idaho Code § 67-5910(9).

Disability discrimination is prohibited in employment contexts (subsections (1) through (4)), public accommodations (subsection (6)), education (subsection (8)), housing (subsection (8)), and real property transactions (subsections (9), (10), and (11)). The statute defines "disability" in Idaho Code § 67-5902(5) as "a physical or mental condition of a person, whether congenital or acquired, which constitutes a substantial limitation to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques."

The disability prohibition contains an employment-specific exception: the prohibition does not apply if "the particular disability, even with a reasonable accommodation, prevents the performance of the work required in that job." Idaho Code § 67-5909. The protection also extends to individuals without disabilities who are associated with a person with a disability, such as an applicant whose spouse or child has a disability.

Idaho does not prohibit employment discrimination on the basis of sexual orientation or gender identity at the state level. Some local jurisdictions, including the City of Boise, have enacted ordinances that add these as protected classes within their geographic boundaries.

Source: Idaho Code § 67-5909, Idaho Code § 67-5910, Idaho Code § 67-5902

The Idaho Human Rights Commission (IHRC) enforces anti-discrimination provisions of the Idaho Human Rights Act (IHRA). For a complaint to be accepted by the Commission, the IHRA and its implementing regulations establish that the claim must be filed with the IHRC within one (1) year of the alleged act of unlawful discrimination. This one-year time limit is categorical—it applies regardless of the nature of the discrimination (employment, housing, public accommodation, etc.), unless a federal deadline is shorter and governs, in which case the IHRC will follow the federal timeline (for example, dual-filing with the EEOC under Title VII).

Filing Deadline:

• The clock starts running from the date of the alleged discriminatory act. The Commission will not process untimely complaints and is not authorized to grant extensions based on equitable tolling or other doctrines—the one-year deadline is mandatory under state law (see IDAPA 45.01.01.300.06).

Civil Actions by IHRC:

• If the Commission itself brings a civil action based on the complaint, it must do so within one year of the initial sworn filing (Idaho Code § 67-5908(4)), but this is a separate matter from the one-year administrative filing requirement for individuals.

Considerations for Federal Law:

• Individuals seeking to preserve federal rights should note the EEOC (federal) deadline may be shorter than Idaho's—for example, under Title VII, a charge generally must be filed within 300 days if dual-filing (since Idaho is a "deferral" state), but within 180 days otherwise. The IHRC often shares charges with the EEOC, making the earlier deadline prudent for federal-claim preservation. See the United States workplace discrimination guide on administrative filing deadlines for details on preserving federal rights.

Source: IDAPA 45.01.01.300.06, Idaho Code § 67-5908(4)

The Idaho Human Rights Act (IHRA) specifies the powers of the Idaho Human Rights Commission (IHRC) and the remedies available to claimants who prevail in discrimination claims.

IHRC’s authority: The IHRC investigates discrimination complaints and may attempt to resolve cases through conciliation. If that fails, the Commission issues a right-to-sue letter (administrative dismissal), after which the claimant may file a civil action in Idaho district court. The IHRC does not have statutory authority to order reinstatement, back pay, or any damages; its enforcement role is investigative and conciliatory only.

Remedies available in court: Upon a finding of discrimination, Idaho district courts have express authority to order remedies under Idaho Code § 67-5908(3). These include:

• Cease-and-desist orders against further discrimination
• Hiring, reinstatement, or upgrading employees, with or without back pay
• Participation in training programs
• "Any other action that may be necessary to effectuate the purposes of [the IHRA]"

Back pay is capped at two years prior to the date of complaint filing.

Punitive damages: Idaho courts may award punitive damages for willful violations, subject to a strict cap of $1,000 per violation, under § 67-5908(3)(c).

Attorney’s fees: District courts are authorized to award reasonable attorney’s fees to the prevailing party in IHRA civil actions. This is an explicit power under Idaho Code § 67-5908(4) and can apply to either party at the court’s discretion.

These rules are as of June 30, 2026. For procedural timelines or nuances (such as filing deadlines), see related sections of this guide.

Source: Idaho Code § 67-5906, Idaho Code § 67-5908

The Idaho Human Rights Act (IHRA) prohibits retaliation by employers against employees or other individuals who engage in "protected activity." Protected activity includes:

• Opposing practices made unlawful by the IHRA (even if not the victim of discrimination themselves but acting in good faith and with a reasonable belief)
• Filing a complaint (a "Charge of Discrimination") with the Idaho Human Rights Commission (IHRC)
• Testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the Act

Idaho Code § 67-5909(9) makes it unlawful to "coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of, or on account of his having exercised, any right granted or protected by this chapter."

Remedies for retaliation: The IHRA provides the same remedies for retaliation as for other forms of discrimination. If retaliation is found, either through the IHRC process or in district court, available remedies include:

• Cease-and-desist orders to stop further retaliation
• Hiring, reinstatement, or upgrading of employment with or without back pay (with back pay capped to two years prior to the complaint filing date)
• Inclusion in training programs
• "Any other action that may be necessary to effectuate the purposes of this chapter"

Idaho courts may also award punitive damages for willful retaliation, capped at $1,000 per violation (Idaho Code § 67-5908(3)(c)), and may award reasonable attorney’s fees to the prevailing party at their discretion (Idaho Code § 67-5908(4)).

Process note: A retaliation complaint must first be filed with the IHRC before pursuing relief in district court, and any court action must be commenced within 90 days of the IHRC’s notice of dismissal.

Federal anti-retaliation protections (such as those under Title VII) may also apply in some cases—see the United States workplace discrimination guide for details.

Source: Idaho Code § 67-5909, Idaho Code § 67-5908