Print Friendly HOUSE BILL NO. 35 – Human rights act, violation, penlty
HOUSE BILL NO. 35
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H0035........................................................by MR. SPEAKER
Requested by Human Rights Commission
HUMAN RIGHTS ACT - Amends existing law to increase the amount of punitive
damages that may be awarded for violating the Idaho Human Rights Act from
$1,000 to $5,000.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 35
BY MR. SPEAKER
Requested by: Human Rights Commission
1 AN ACT
2 RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 67-5908, IDAHO CODE,
3 TO INCREASE THE AMOUNT OF PUNITIVE DAMAGES THAT MAY BE AWARDED FOR VIOLA-
4 TIONS OF THE IDAHO HUMAN RIGHTS ACT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 67-5908, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5908. PROCEDURE IN DISTRICT COURT. (1) Any action filed by the commis-
9 sion shall be heard by the district court unless either party shall move for a
10 jury trial. Except as otherwise provided herein, the court shall hear the case
11 and grant relief as in other civil actions. Any such action shall be brought
12 in the name of the commission for the use of the person alleging discrimina-
13 tion or a described class, and the commission shall furnish counsel for the
14 prosecution thereof. Any person aggrieved by the alleged discrimination may
15 intervene in such an action.
16 (2) A complaint must be filed with the commission as a condition prece-
17 dent to litigation. A complainant may file a civil action in district court
18 within ninety (90) days of issuance of the notice of administrative dismissal
19 pursuant to section 67-5907(6), Idaho Code.
20 (3) In a civil action filed by the commission or filed directly by the
21 person alleging unlawful discrimination, if the court finds that unlawful dis-
22 crimination has occurred, its judgment shall specify an appropriate remedy or
23 remedies therefor. Such remedies may include, but are not limited to:
24 (a) An order to cease and desist from the unlawful practice specified in
25 the order;
26 (b) An order to employ, reinstate, promote or grant other employment ben-
27 efits to a victim of unlawful employment discrimination;
28 (c) An order for actual damages including lost wages and benefits, pro-
29 vided that such back pay liability shall not accrue from a date more than
30 two (2) years prior to the filing of the complaint with the commission or
31 the district court, whichever occurs first;
32 (d) An order to accept or reinstate such a person in a union;
33 (e) An order for punitive damages, not to exceed one
34 five thousand dollars ($ 1 5 ,000) for each
35 willful violation of this chapter.
36 (4) Any civil action filed by the commission under this section shall
37 commence not more than one (1) year after a complaint of discrimination under
38 oath is filed with the commission.
39 (5) In any civil action under this chapter, the burden of proof shall be
40 on the person seeking relief.
STATEMENT OF PURPOSE
To adjust the maximum punitive damage award allowed in court to
reflect the change in the value of the dollar by raising the amount
of punitive damages for violations of the Idaho Human Rights Act
from the $1,000.00 per violation set in 1969 to $5,000.00 per
Name: Dan Steckel
Agency: Idaho Human Rights Commission
Statement of Purpose/Fiscal Impact H 3