Disability Law Summaries
Idaho, Disability Law Summaries
Idaho has two laws regulating disability discrimination in employment.
The Idaho Fair Employment Practices Act applies to public and private employers with 5 or more employees and is located in the Idaho Code, Title 67, Chapter 59. This law also contains provisions on disability-related discrimination in housing.
The full text of Idaho's Fair Employment Practices Act is available at Employment Practices Guide ¶13-20,025.01 .
The law pertaining to the employment of blind or physically disabled persons in public employment is located at Title 56, Chapter 7.
The full text of this law is available at Employment Practices Guide ¶13-20,750.01 .
Other disability provisions are located in the Idaho Code at Title 18, Chapter 58 (Accessibility); at Title 56, Chapter 7 (Accessibility, Transportation); and at Title 61, Chapter 13 (Telecommunications).
Interaction of disability laws. State or local disability laws that provide protection that is greater than or equivalent to that of the Americans with Disabilities Act are not nullified by the Act, and neither are laws that provide less protection than the ADA. However, if either law provides less protection than the other, the law with the lesser standard cannot be used as a defense to the law with the higher standard.
Before making any decisions that will affect the rights of people with disabilities, it is important that state laws be compared with the ADA and the Rehabilitation Act of 1973. A person with a disability may prefer to file charges under a state law with fewer protections if that state law has greater remedies than the ADA.
DEFINITIONS
The following definitions apply to the human rights law:
“Employer” means a person, wherever situated, who hires five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year whose services are to be partially or wholly performed in Idaho, except for domestic servants hired to work in and about the person's household. The term also means (Sec. 67-5902, as amended by H. 249, L. 2005, effective July 1, 2005):
a person who as contractor or subcontractor is furnishing material or performing work for the state;
any agency of or any governmental entity within the state; and
any agent of such employer.
“Disability” means 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. A person with a disability is one who has such a disability, or has a record of such a disability, or is regarded as having such a disability (Sec. 67-5902, as amended by H. 249, L. 2005, effective July 1, 2005).
“Reasonable accommodation” means an adjustment that does not (Sec. 67-5902, as amended by H. 249, L. 2005, effective July 1, 2005):
unduly disrupt or interfere with the employer's normal operations;
threaten the health or safety of the person with the disability or others;
contradict a business necessity of the employer; or
impose undue hardship on the employer based on the size of the employer's business, the type of business, the financial resources and the estimated cost and extent of the adjustment.
“Readily achievable” means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include (a) the nature and cost of the action needed under this chapter, (b) the overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the action upon the operation of the facility, (c) the overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities, and (d) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of the entity, the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity (Sec. 67-5902, as amended by H. 249, L. 2005, effective July 1, 2005):
The following definitions apply to the employment of blind or physically disabled persons:
“Disabled person” means a hearing, visually or physically impaired person (Sec. 56-701A, as amended by Ch. 345 (H. 586), L. 2002).
“Hearing impaired person” means a person who has a hearing impairment manifested by a speech discrimination score of 40% or more in the better ear with appropriate correction as certified by a licensed otologist, licensed audiologist, or the Idaho division of vocational rehabilitation (Sec. 56-701A, as amended by Ch. 345 (H. 586), L. 2002).
“Physically impaired person” means any person with any substantial physical disability which prevents normal participation in community or life activities as are available and participated in by persons with no such affliction or conditions of the same age and sex (Sec. 56-701A, as amended by Ch. 345 (H. 586), L. 2002).
“Visually impaired person” or “visually handicapped person” means any person who is blind, totally blind, partially blind or otherwise visually handicapped meaning such person has central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees (Sec. 56-701A, as amended by Ch. 345 (H. 586), L. 2002).
ACCESSIBILITY
The blind, the visually handicapped, the hearing impaired and persons with other physical disabilities have the same right as persons without disabilities to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places (Sec. 56-702).
The blind, the visually handicapped, the hearing impaired and persons with other physical disabilities are entitled to full and equal accommodations, advantages, facilities and privileges of all hotels, lodging places, places of public accommodations, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons (Sec. 56-703).
Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated above or otherwise interferes with the rights of a totally or partially blind, hearing impaired or otherwise disabled person will be guilty of a misdemeanor (Sec. 56-706).
Public accommodations.- Persons who own, lease or operate a place of public accommodation are prohibited to deny an individual on the basis of disability the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation. In addition, it is prohibited to impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Person who own, lease or operate a place of public accommodation are required to make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages or accommodations (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Architectural barriers that are structural in nature, in existing facilities are required to be removed by an establishment, where such removal is readily achievable. Where an entity can demonstrate that the removal of a barrier is not readily achievable, it is prohibited to fail to make such goods, services, facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Service animals.- A person with a disability may not be denied admittance to any hotel, motel, cafe, elevator or any other public place within the state of Idaho by reason of his or her being accompanied by an assistance dog. A person with a disability is entitled to have an assistance dog with him or her in such places without being required to pay any additional charges for the dog, but is liable for any damage caused by the dog (Secs. 18-5812A and 56-704).
Trainers. Every person who is specially training or socializing a dog for the purpose of being an assistance dog has the right to be accompanied by the dog in any of the places listed in Sec. 56-703 (above), without being required to pay an extra charge for the dog if the accompaniment is part of the dog's training or socialization to become an assistance dog. The person accompanying the dog-in-training must carry and upon request display an identification card issued by a recognized school for assistance dogs or organization that serves persons with disabilities. The person is fully liable for any damages done to the premises or facilities by the dog (Secs. 18-5812B and 56-704A).
Access to public places for dogs-in-training may be temporarily denied if the dog is poorly groomed so as to create a health hazard or the person accompanying the dog cannot maintain control of the dog (Sec. 18-5812B).
A person may not be denied admittance to any hotel, motel, cafe, elevator or any other public place within Idaho by reason of being accompanied by a dog-in-training. Such dog must be properly leashed so that the person may maintain control of the dog (Sec. 18-5812B).
Enforcement/Penalties. Any person, firm, association or corporation or agent of any person, firm, association or corporation intentionally violating the assistance dog provisions will be guilty of a misdemeanor (Sec. 18-5812A).
Civil action may be brought against any person intentionally violating the assistance dog provisions, with judgment awarded upon proof of the elements to a preponderance of the evidence. As a part of any such civil judgment, a successful plaintiff will be awarded punitive damages in an amount equal to all other damages suffered by the plaintiff, but in no event less than $500 (Sec. 56-705).
EMPLOYMENT
Idaho's human rights law generally prohibits employment discrimination on the basis of disability. A summary of the law follows.
It is a prohibited act for an employer, on the basis of disability, 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 Idaho's human rights law. The prohibition against discrimination because of disability does not apply if the particular disability, even with a reasonable accommodation, prevents the performance of the work required. The prohibition to discriminate shall also apply to those individuals without disabilities who are associated with a person with a disability (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Employment agencies. It is a prohibited act for an employment agency, on the basis of disability, to fail or refuse to refer for employment, or otherwise to discriminate against an individual or to classify or refer an individual for employment. The prohibition against discrimination because of disability does not apply if the particular disability, even with a reasonable accommodation, prevents the performance of the work required (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Labor organizations. It is a prohibited act for a labor organization, on the basis of disability, to exclude or to expel from membership, or to otherwise discriminate against, a member or applicant for membership; or to limit, segregate or classify membership, or to fail or refuse to refer for employment an individual in any way (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005):
that would deprive an individual of employment opportunities; or
that would limit employment opportunities or adversely affect the status of an employee or of an applicant for employment.
Causing or attempting to cause an employer to violate the human rights law is also prohibited (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Advertisements. It is a prohibited act 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 based on disability. A notice or advertisement may indicate a preference, limitation, specification or discrimination when such is a bona fide occupational qualification for employment (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Exceptions. It is not a discriminatory practice for an employer, employment agency or labor organization to discriminate against a person with a disability which, under the circumstances, poses a direct threat to the health or safety of the person with a disability or others (Sec. 67-5910, as amended by H. 249, L. 2004, effective July 1, 2005).
The human rights law does not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation (Sec. 67-5910, as amended by H. 249, L. 2005, effective July 1, 2005).
State agencies and any government entities or religious organizations or entities controlled by religious organizations, including places of worship are also exempt from the law (67-5910, as amended by H. 249, L. 2005, effective July 1, 2005).
Retaliation. It is unlawful for a person or any business entity to discriminate against any individual because he or she has opposed any practice made unlawful by the human rights law or because the individual has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or litigation under the human rights law (Sec. 67-5911, as amended by H. 249, L. 2005, effective July 1, 2005).
Public employers.- The blind, the visually handicapped, the hearing impaired and persons with other disabilities must be employed in the state service, the service of the political subdivisions of the state, in the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as persons who do not have disabilities, unless it is shown that the particular disability prevents the performance of the work involved (Sec. 56-707).
Minimum wages.- The payment of the minimum wage is not required for workers with disabilities if the employer is issued a special certificate under the federal Fair Labor Standards Act (Sec. 44-1505).
See ¶13-1000 for additional information on minimum wages.
TRANSPORTATION
The blind, the visually handicapped, the hearing impaired and persons with other physical disabilities are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, and railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, subject only to the conditions and limitations established by law and applicable alike to all persons (Sec. 56-703).
Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated above or otherwise interferes with the rights of a totally or partially blind, hearing impaired or otherwise disabled person will be guilty of a misdemeanor (Sec. 56-706).
Transportation barriers in existing vehicles used by an establishment for transporting individuals (not including barriers that can only be removed through retrofitting of vehicles) are required to be removed by an establishment, where such removal is readily achievable. Where an entity can demonstrate that the removal of a barrier is not readily achievable, it is prohibited to fail to make such goods, services, facilities, privileges, advantages or accommodations available through alternative methods if such methods are readily achievable (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005).
Service animals.- A person with a disability may not be denied the use of any common carrier or public transportation facility by reason of his or her being accompanied by an assistance dog. A person with a disability is entitled to have an assistance dog with him or her while using such facilities without being required to pay any additional charges for the dog, but is liable for any damage caused by the dog (Secs. 18-5812A and 56-704).
Trainers. Every person who is specially training or socializing a dog for the purpose of being an assistance dog has the right to be accompanied by the dog in any of the places listed in Sec. 56-703 (above), without being required to pay an extra charge for the dog if the accompaniment is part of the dog's training or socialization to become an assistance dog. The person accompanying the dog-in-training must carry and upon request display an identification card issued by a recognized school for assistance dogs or organization that serves persons with disabilities. The person is fully liable for any damages done to the premises or facilities by the dog (Secs. 18-5812B and 56-704A).
Access to public places for dogs-in-training may be temporarily denied if the dog is poorly groomed so as to create a health hazard or the person accompanying the dog cannot maintain control of the dog (Sec. 18-5812B).
A person may not be denied the use of any common carrier or public transportation facility within Idaho by reason of being accompanied by a dog-in-training. Such dog must be properly leashed so that the person may maintain control of the dog (Sec. 18-5812B).
Enforcement/Penalties. Any person, firm, association or corporation or agent of any person, firm, association or corporation intentionally violating the assistance dog provisions will be guilty of a misdemeanor (Sec. 18-5812A).
Civil action may be brought against any person intentionally violating the assistance dog provisions, with judgment awarded upon proof of the elements to a preponderance of the evidence. As a part of any such civil judgment, a successful plaintiff will be awarded punitive damages in an amount equal to all other damages suffered by the plaintiff, but in no event less than $500 (Sec. 56-705).
TELECOMMUNICATIONS
All telephone corporations providing basic local exchange service within Idaho and all telephone corporations providing intrastate message telecommunications service within Idaho must provide telecommunications relay services in accordance with the program established by the Idaho Public Utilities Commission (Sec. 61-1305).
“Telecommunications relay services” mean services through which a communications impaired person, using specialized telecommunications equipment, may send and receive messages to and from a noncommunications impaired person whose telephone is not equipped with specialized telecommunications equipment and through which a noncommunications impaired person may, by using voice communication, send and receive messages to and from a communications impaired person (Sec. 61-1302).
HOUSING
Discrimination.- Under Idaho's human rights law, it is a prohibited act for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, on the basis of disability (including persons without disabilities who are associated with a person with a disability) (Sec. 67-5909, as amended by H. 249, L. 2005, effective July 1, 2005):
to refuse to engage in a real estate transaction with a person;
to discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
to refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
to refuse to negotiate a real estate transaction with a person;
to represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property;
to print, circulate, post or mail or cause to be so published a statement, advertisement or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification or discrimination with respect thereto;
to offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith; or
to refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if the modifications may be necessary to afford such person full enjoyment of the premises. In the case of a rental, the landlord may, where it is reasonable, condition permission for a modification on the renter agreeing to restore the interior, exterior, or both, of the premises, to the condition that existed before the modification, reasonable wear and tear excepted.
Exceptions. The housing discrimination provisions summarized above do not apply (1) to the rental of a housing accommodation in a building that contains housing accommodations for not more than two families living independently of each other, if the lessor or a member of his or her family resides in one of the accommodations; or (2) to the rental of a room or rooms in a housing accommodation by an individual if he or she or a member of his or her family resides therein (Sec. 67-5910, as amended by H. 249, L. 2005, effective July 1, 2005).
Service animals.- A person with a disability may not be denied admittance to any housing for sale or rent by reason of his or her being accompanied by an assistance dog. A person with a disability is entitled to have an assistance dog with him or her in such places without being required to pay any additional charges for the dog, but is liable for any damage caused by the dog (Sec. 18-5812A).
Enforcement/Penalties. Any person, firm, association or corporation or agent of any person, firm, association or corporation intentionally violating the assistance dog provisions will be guilty of a misdemeanor (Sec. 18-5812A).
Civil action may be brought against any person intentionally violating the assistance dog provisions, with judgment awarded upon proof of the elements to a preponderance of the evidence. As a part of any such civil judgment, a successful plaintiff will be awarded punitive damages in an amount equal to all other damages suffered by the plaintiff, but in no event less than $500 (Sec. 56-705).
ENFORCEMENT
The Idaho Commission on Human Rights investigates complaints of alleged violation of the state's human rights law (Sec. 67-5906).
Any person who believes he or she has been subject to unlawful discrimination, or a member of the commission, may file a complaint with the commission within one year of the alleged unlawful discrimination (Sec. 67-5907, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
Upon receipt of such a complaint, the commission or its delegated investigator will endeavor to resolve the matter by informal means prior to a determination of whether there are reasonable grounds to believe that unlawful discrimination has occurred. The commission or its delegated investigator will conduct such investigation as may be necessary to resolve the issues raised by the facts set forth in the complaint (Sec. 67-5907, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
If the commission finds reasonable grounds to believe that unlawful discrimination has occurred, it will endeavor to eliminate the discrimination by informal means such as conference, conciliation and persuasion (Sec. 67-5907, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
If the commission finds reasonable grounds to believe that unlawful discrimination has occurred, and further believes that irreparable injury or great inconvenience will be caused the victim of such discrimination if relief is not immediately granted, or if conciliation efforts have not succeeded, the commission may file a civil action seeking appropriate legal and equitable relief (Sec. 67-5907, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
A complainant may request dismissal of an administrative complaint at any time (Sec. 67-5907, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
Any action filed by the commission will be heard by the district court unless either party moves for a jury trial (Sec. 67-5908, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
A complaint must be filed with the commission as a condition precedent to litigation. A complainant may file a civil action in district court within 90 days of issuance of the notice of administrative dismissal (Sec. 67-5908, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
In a civil action filed by the commission or filed directly by the person alleging unlawful discrimination, if the court finds that unlawful discrimination has occurred, its judgment will specify an appropriate remedy or remedies therefor. Such remedies may include, but are not limited to (Sec. 67-5908, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998):
an order to cease and desist from the unlawful practice specified in the order;
an order to employ, reinstate, promote or grant other employment benefits to a victim of unlawful employment discrimination;
an order for actual damages, including lost wages and benefits, provided that such back pay liability will not accrue from a date more than two years prior to the filing of the complaint with the commission or the district court, whichever occurs first;
an order to accept or reinstate such a person in a union;
an order for punitive damages, not to exceed $1,000 for each willful violation of the human rights law.
Any civil action filed by the commission must commence not more than one year after a complaint of discrimination under oath is filed with the commission (Sec. 67-5908, as amended by Ch. 155 (S. 1360), L. 1998, effective July 1, 1998).
WHO TO CONTACT
Idaho Human Rights Commission, P.O. Box 83720, Boise, ID 83720-0040, Telephone: (208) 334-2873, FAX: (208) 334-2664, TDD: (208) 334-4751.
<p>Idaho Human Rights Commission, P.O. Box 83720, Boise, ID 83720-0040, Telephone: (208) 334-2873, FAX: (208) 334-2664, TDD: (208) 334-4751.</p>