Print Friendly SENATE BILL NO. 1362 – Human Rights Comm, violatn, penlty
SENATE BILL NO. 1362
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
S1362......................................................by STATE AFFAIRS
HUMAN RIGHTS COMMISSION - Amends existing law to provide for punitive
damages for willful violations of the Human Rights Commission Act based
upon the number of employees an employer has and to provide a method for
determining the number of employees.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE SENATE
SENATE BILL NO. 1362
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 67-5908, IDAHO CODE,
3 TO PROVIDE FOR PUNITIVE DAMAGES FOR WILLFUL VIOLATIONS BASED ON THE NUMBER
4 OF EMPLOYEES AN EMPLOYER HAS AND TO PROVIDE A METHOD FOR DETERMINING THE
5 NUMBER OF EMPLOYEES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-5908, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-5908. PROCEDURE IN DISTRICT COURT. (1) Any action filed by the commis-
10 sion shall be heard by the district court unless either party shall move for a
11 jury trial. Except as otherwise provided herein, the court shall hear the case
12 and grant relief as in other civil actions. Any such action shall be brought
13 in the name of the commission for the use of the person alleging discrimina-
14 tion or a described class, and the commission shall furnish counsel for the
15 prosecution thereof. Any person aggrieved by the alleged discrimination may
16 intervene in such an action.
17 (2) Nothing contained in this chapter shall prohibit a person who has
18 been subject to alleged unlawful discrimination from filing an action in the
19 district court on his or her own behalf, but such action shall be commenced
20 not more than two (2) years after the act of alleged unlawful discrimination
21 complained of.
22 (3) In a civil action filed by the commission or filed directly by the
23 person alleging unlawful discrimination, if the court finds that unlawful dis-
24 crimination has occurred, its judgment shall specify an appropriate remedy or
25 remedies therefor. Such remedies may include, but are not limited to:
26 (a) An order to cease and desist from the unlawful practice specified in
27 the order;
28 (b) An order to employ, reinstate, promote or grant other employment ben-
29 efits to a victim of unlawful employment discrimination;
30 (c) An order for actual damages including lost wages and benefits, pro-
31 vided that such back pay liability shall not accrue from a date more than
32 two (2) years prior to the filing of the complaint with the commission or
33 the district court, whichever occurs first;
34 (d) An order to accept or reinstate such a person in a union;
35 (e) An order for punitive damages , not to exceed one thousand dol-
36 lars ($1,000) for each willful violation of this chapter for
37 each willful violation of this chapter, not to exceed five thousand dol-
38 lars ($5,000) for respondents who have fewer than fifteen (15) employees,
39 ten thousand dollars ($10,000) for respondents who have more than fourteen
40 (14) employees and fewer than one hundred one (101), fifteen thousand dol-
41 lars ($15,000) for respondents who have more than one hundred (100)
42 employees and fewer than two hundred one (201), twenty thousand dollars
43 ($20,000) for respondents who have more than two hundred (200) employees
1 and fewer than five hundred one (501), twenty-five thousand dollars
2 ($25,000) for respondents who have more than five hundred (500) employees.
3 The number of employees shall be determined in accordance with the method
4 set forth in section 67-5902(6), Idaho Code .
5 (4) Any civil action filed by the commission under this section shall
6 commence not more than one (1) year after a complaint of discrimination under
7 oath is filed with the commission; provided, however, that the commission
8 shall commence its actions not more than one (1) year after the effective date
9 of this act for sworn complaints already pending before the commission upon
10 passage and approval of this act.
11 (5) In any civil action under this chapter, the burden of proof shall be
12 on the person seeking relief.
STATEMENT OF PURPOSE
To raise the amount of punitive damages that may be awarded in court for violations of the
Idaho Human Rights Act from the current amount of $1,000.00 per violation to a sliding
scale of $5,000.00 to $25,000.00, depending on the size of the respondent.
Name: Daniel L. Steckel
Agency: Idaho Human Rights Commission
Statement of Purpose/Fiscal Impact