Idaho Employment Law 2026

3.1 Overview of Discrimination Protections

Idaho prohibits employment discrimination through the Idaho Human Rights Act (Idaho Code Title 67, Chapter 59) and federal laws including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

Idaho Human Rights Commission Role:

According to Idaho Human Rights Commission:

“The Idaho Human Rights Commission (IHRC) is an independent agency established by the Idaho legislature to help protect persons within the state from illegal discrimination. The IHRC also handles complaints under federal law deferred to them by the Equal Employment Opportunity Commission (EEOC).”

Source: Idaho Human Rights Commission, What We Do Available at: https://humanrights.idaho.gov/what-we-do/overview/ Verified: January 19, 2026

Statutory Framework:

According to the purposes section of the Idaho Human Rights Act, Idaho Code § 67-5901(1), the Act is intended to provide “for execution within the state of the policies embodied in the federal Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1967, as amended, and Titles I and III of the Americans with Disabilities Act.”

Source: Idaho Code § 67-5901(1) Official text: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5901/

IHRC Enforcement Authority:

The Idaho Human Rights Commission enforces:

• Title 67, Chapter 59 of the Idaho Code (Idaho Human Rights Act)
• Title 44, Chapter 17 of the Idaho Code (Equal Pay Act)
• Title VII of the Civil Rights Act of 1964, as amended
• Age Discrimination in Employment Act of 1967 (ADEA)
• Americans with Disabilities Act (ADA)

Source: Idaho Human Rights Commission, Employment Available at: https://humanrights.idaho.gov/idaho-law/contexts/employment/ Verified: January 19, 2026

3.2 Protected Classes Under Idaho Law

Idaho law prohibits employment discrimination based on specific protected characteristics.

Idaho Protected Classes:

According to Idaho Code § 67-5909, it is a prohibited act to discriminate in employment contexts based on:

For All Employment Decisions (hiring, firing, compensation, terms and conditions):

1. Race
2. Color
3. Religion
4. Sex
5. National origin
6. Age (40 and over)
7. Disability (physical or mental)

Source: Idaho Code § 67-5909 Official text: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909/ Last amended: 2005

Idaho Human Rights Commission Summary:

According to Idaho Human Rights Commission:

“Idaho law prohibits discrimination in employment, education, real estate transactions and public accommodations. Illegal discrimination may be based on: race, sex, color, national origin, religion, age (over 40), mental or physical disability.”

Source: Idaho Human Rights Commission, Idaho Law Overview Available at: https://humanrights.idaho.gov/idaho-law/overview/ Verified: January 19, 2026

Detailed Definitions:

Race, Color, and National Origin:

According to Idaho Human Rights Commission:

“All people fall within the definition of race, color and national origin and all have equal protection under the law.”

“National origin refers to the country from which an individual or her/his forbears came; it does not refer to whether the person is a U.S. citizen. Anti-discrimination laws protect citizens and non-citizens alike from discrimination based on race, national origin or color.”

Source: Idaho Human Rights Commission, Race, Color and National Origin Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/race-color-and-national-origin/ Verified: January 19, 2026

Religion:

According to Idaho Human Rights Commission:

“Moral or ethical beliefs as to what is right and wrong that are sincerely held by the individual person with the strength of traditional religious views.”

Source: Idaho Human Rights Commission, Idaho Law Overview Available at: https://humanrights.idaho.gov/idaho-law/overview/ Verified: January 19, 2026

Sex:

Sex discrimination includes discrimination based on pregnancy, childbirth, and related medical conditions.

Age:

According to Idaho Human Rights Commission:

“Workers and job candidates 40 and older, employed or seeking employment with a public or private employer, are protected.”

Source: Idaho Human Rights Commission, Age Discrimination Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/age/ Verified: January 19, 2026

Disability:

According to Idaho Human Rights Commission:

“A ‘disability’ is a diagnosable physical or mental condition which interferes with one of a person’s major life activities.”

More specifically, according to the Idaho Human Rights Act and the Americans with Disabilities Act:

“A ‘disability’ is a physical or mental impairment that substantially limits one or more major life activities, such as walking, doing manual tasks, or learning, as well as major bodily functions such as circulatory, endocrine or the immune system. A person is protected who:

• Has a physical or mental impairment that substantially limits one or more major life activities
• Has a record of such an impairment
• Is regarded by others as having an actual or perceived impairment”

Source: Idaho Human Rights Commission, Disability Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/disability/ Verified: January 19, 2026

Federal Protected Classes:

Federal law provides additional protections:

Title VII of the Civil Rights Act (42 U.S.C. § 2000e) protects:

• Race
• Color
• Religion
• Sex (including pregnancy)
• National origin

Source: Title VII, 42 U.S.C. § 2000e-2 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Age Discrimination in Employment Act (ADEA, 29 U.S.C. § 621) protects:

• Age (40 and over)

Source: ADEA, 29 U.S.C. § 621 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/age-discrimination

Americans with Disabilities Act (ADA, 42 U.S.C. § 12101) protects:

• Disability (physical and mental impairments)

Source: ADA, 42 U.S.C. § 12101 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/guidance/

Genetic Information Nondiscrimination Act (GINA, 42 U.S.C. § 2000ff) protects:

• Genetic information

Source: GINA, 42 U.S.C. § 2000ff Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

Note on Sexual Orientation and Gender Identity:

Idaho state law does not explicitly include sexual orientation or gender identity as protected classes. However, federal courts have interpreted Title VII’s prohibition on sex discrimination to include discrimination based on sexual orientation and gender identity following the U.S. Supreme Court decision in Bostock v. Clayton County, 590 U.S. ___ (2020).

3.3 Types of Prohibited Discrimination

Prohibited Acts Under Idaho Code § 67-5909:

1. Failure or refusal to hire, discharge, or otherwise discriminate in employment

According to Idaho Code § 67-5909(1):

“For an employer to fail or refuse to hire, to discharge, or to otherwise discriminate against an individual with respect to compensation or the terms, conditions or privileges of employment or to reduce the wage of any employee in order to comply with this chapter”

2. Employment agency discrimination

According to Idaho Code § 67-5909(2):

“For an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against an individual or to classify or refer an individual for employment”

3. Labor organization discrimination

According to Idaho Code § 67-5909(3), it is prohibited for a labor organization to:

• Exclude or expel from membership
• Limit, segregate or classify membership
• Fail or refuse to refer for employment in ways that deprive individuals of employment opportunities
• Cause or attempt to cause an employer to violate the Human Rights Act

4. Discriminatory advertising

According to Idaho Code § 67-5909(4):

“For an employer labor organization or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by the employer or membership in or a classification or referral for employment by the labor organization, or relating to a classification or referral for employment by an employment agency, indicating a preference, limitation, specification or discrimination; but a notice or advertisement may indicate a preference limitation, specification, or discrimination when such is a bona fide occupational qualification for employment”

Source for subsections above: Idaho Code § 67-5909 Official text: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909/

Coverage:

According to Idaho Human Rights Commission:

“All employers with five or more workers, any government entity regardless of size, a contractor or subcontractor for the state and their agents must comply. In addition, employment agencies and labor organizations must not discriminate against persons with disabilities.”

Source: Idaho Human Rights Commission, Disability Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/disability/ Verified: January 19, 2026

This coverage threshold applies to all protected classes under Idaho law.

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under both Idaho and federal law.

Definition:

According to Idaho Human Rights Commission:

“Sexual harassment takes many forms, such as touching, sexual comments or jokes, displays of pornographic materials, indecent exposure, assault or even rape.”

Source: Idaho Human Rights Commission, Idaho Law Overview Available at: https://humanrights.idaho.gov/idaho-law/overview/ Verified: January 19, 2026

Two Types of Sexual Harassment:

1. Quid Pro Quo Harassment:
   • Submission to sexual conduct is made a term or condition of employment
   • Employment decisions are based on submission to or rejection of sexual conduct
   • Typically involves supervisor or person with authority
2. Hostile Work Environment Harassment:
   • Unwelcome sexual conduct creates intimidating, hostile, or offensive work environment
   • Conduct is severe or pervasive enough to alter conditions of employment
   • Can be committed by supervisors, coworkers, or non-employees (customers, vendors)

Employer Liability:

According to Idaho Human Rights Commission:

“An employer has an affirmative duty to maintain a working environment free of harassment based on color, national origin or race. An employer may be held liable for the acts of its employees if supervisors know (or should have known) about the harassment and failed to take appropriate corrective action. An employer may also be liable for the harassment coming from non-employees if the employer has some legal control over the non-employees, fails to take immediate corrective action or expects an employee to tolerate the harassment as part of his or her job.”

Source: Idaho Human Rights Commission, Race, Color and National Origin Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/race-color-and-national-origin/ Verified: January 19, 2026

This principle applies to all forms of harassment based on protected characteristics, including sexual harassment.

Employer Responsibilities:

According to Idaho Human Rights Commission:

“Employers may be liable for sexual harassment whether it comes from a supervisor, a co-worker or even from non-employees, such as customers or contractors. Many employers have anti-harassment policies and reporting procedures to deal internally with these problems. Effective policies and employee training can go a long way towards discouraging improper conduct before it becomes serious enough to violate the law.”

Source: Idaho Human Rights Commission, Sex Discrimination Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/sex/ Verified: January 19, 2026

Harassment Training Requirements:

Search conducted: Idaho Legislature website (legislature.idaho.gov) searched on January 19, 2026 for sexual harassment training requirements. No Idaho statute requiring employers to provide sexual harassment training was found.

Result: Idaho does not have a state law mandating sexual harassment training for employers or employees.

3.5 Equal Pay Requirements

Idaho law requires equal pay for equal work regardless of sex.

Statutory Requirement:

According to Idaho Code § 44-1702(1):

“No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, are not within this prohibition.”

Source: Idaho Code § 44-1702 Official text: https://legislature.idaho.gov/statutesrules/idstat/title44/t44ch17/sect44-1702/

Standard:

Jobs need not be identical, but they must be:

• Comparable work
• Comparable requirements relating to skill, effort, and responsibility
• Within the same establishment

Permitted Pay Differentials:

Pay differentials are permitted when based on:

• Established seniority systems
• Merit increase systems
• Other factors that do not discriminate based on sex

Retaliation Protection:

According to Idaho Code § 44-1702(3):

“No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this act.”

Source: Idaho Code § 44-1702(3) Official text: https://legislature.idaho.gov/statutesrules/idstat/title44/t44ch17/sect44-1702/

Idaho Human Rights Commission Guidance:

According to Idaho Human Rights Commission:

“State and federal anti-discrimination statutes and equal pay laws require that men and women be given equal pay for equal work. To determine whether two jobs should be paid equally, the jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.”

Source: Idaho Human Rights Commission, Sex Discrimination Available at: https://humanrights.idaho.gov/idaho-law/types-of-discrimination/sex/ Verified: January 19, 2026

3.6 Enforcement and Remedies

Filing Deadlines:

According to Idaho Human Rights Commission fiscal year reports:

“A complaint must be filed within one year of the alleged unlawful discrimination. Idaho law makes the administrative filing a prerequisite to a case being filed in court. A court claim must be filed by a private party within 90 days of the Commission’s issuance of administrative closure.”

Source: Idaho Human Rights Commission FY2021 Agency Overview Published by: Idaho Human Rights Commission Available at: https://humanrights.idaho.gov/wp-content/uploads/2022/03/FY2021_Statistic_Measures.pdf Fiscal year: 2021

Comparison with Federal Deadlines:

For charges filed with the EEOC (federal):

• 180 days from the date of discrimination (or 300 days if a state or local agency enforces a law prohibiting the same discrimination)

Since Idaho has the Idaho Human Rights Commission which enforces similar protections, the EEOC deadline for Idaho is typically 300 days.

Available Remedies:

Successful discrimination claims may result in:

• Back pay and benefits
• Front pay
• Reinstatement or hiring
• Compensatory damages (emotional distress, etc.)
• Punitive damages (in federal claims)
• Attorney’s fees and costs
• Injunctive relief