The Idaho sexual discrimination law in the workplace follows a state law rather than the federal laws set forth by Title VII. Basically, the Idaho General Statutes, Title 67, Chapter 59 makes sexual discrimination by an employer or labor organization illegal.
Under this statute, an employer is someone who has five or more employees, not counted domestic servants who work at the employer’s place of residence. This differs from Title VII because Title VII only applies to employers who have fifteen or more employees.
The following specifies what is illegal under this statute: based on gender, employers are not allowed to discriminate in terms of pay or other conditions of the job. Idaho also follows an “equal pay for comparable work” standard as well. This means that people in comparable positions in terms of skill, effort and responsibility should earn equal pay. Wages can differ between two people of differing genders based on seniority and merit increases.
Anyone who wants to file a complaint must do so with the Idaho Commission on Human Rights within one year of the alleged discriminatory act. The Commission will then send your employer a letter with a copy of your complaint and your employer will be given an opportunity to respond to the complaint.
After this, the Commission will try to reach a settlement. If this doesn’t work, it will conduct an investigation. The investigator will decide if there is probably cause to believe your rights have been violated.
Following a “probable cause” decision, you and your employer will enter another settlement phase. If this again fails, the Commission will file the case with the district court.
Anyone who wants to file the claim directly with the federal or state courts must first request a “Right to Sue” letter from either the EEOC or the Idaho Commission on Human Rights.
All in all, it’s up to the employer and employees to know their rights and responsibilities when it comes to sexual discrimination in the workplace. Employers can help this process by keeping up-to-date Idaho Complete Labor Law posters posted in the workplace.