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S1283......................................................by STATE AFFAIRS HUMAN RIGHTS COMMISSION - Amends existing law to provide that a district court may issue an order for reasonable attorney's fees in a civil action filed by the Human Rights Commission or filed by a person alleging unlawful discrimination. 01/16 Senate intro - 1st rdg - to printing 01/17 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1283 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 67-5908, IDAHO CODE, 3 TO PROVIDE THAT A DISTRICT COURT MAY ISSUE AN ORDER FOR REASONABLE ATTOR- 4 NEY'S FEES IN A CIVIL ACTION FILED BY THE HUMAN RIGHTS COMMISSION OR FILED 5 BY A PERSON ALLEGING UNLAWFUL DISCRIMINATION. 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) A complaint must be filed with the commission as a condition prece- 18 dent to litigation. A complainant may file a civil action in district court 19 within ninety (90) days of issuance of the notice of administrative dismissal 20 pursuant to section 67-5907(6), Idaho Code. 21 (3) In a civil action filed by the commission or filed directly by the 22 person alleging unlawful discrimination, if the court finds that unlawful dis- 23 crimination has occurred, its judgment shall specify an appropriate remedy or 24 remedies therefor. Such remedies may include, but are not limited to: 25 (a) An order to cease and desist from the unlawful practice specified in 26 the order; 27 (b) An order to employ, reinstate, promote or grant other employment ben- 28 efits to a victim of unlawful employment discrimination; 29 (c) An order for actual damages including lost wages and benefits, pro- 30 vided that such back pay liability shall not accrue from a date more than 31 two (2) years prior to the filing of the complaint with the commission or 32 the district court, whichever occurs first; 33 (d) An order to accept or reinstate such a person in a union; 34 (e) An order for punitive damages, not to exceed one thousand dollars 35 ($1,000) for each willful violation of this chapter; 36 (f) An order for reasonable attorney's fees. 37 (4) Any civil action filed by the commission under this section shall 38 commence not more than one (1) year after a complaint of discrimination under 39 oath is filed with the commission. 40 (5) In any civil action under this chapter, the burden of proof shall be 41 on the person seeking relief.
STATEMENT OF PURPOSE
RS 17355
The Idaho Human Rights Commission seeks to make explicit in Idaho
Code 67-5908 that an order of reasonable attorney's fees is a
remedy available to a plaintiff who proves discrimination or
retaliation in violation of the Idaho Human Rights Act.
In April, 2007, the Idaho supreme Court issued a decision in Stout
v. Key Training Corporation, 144 Idaho 195, 158 P.3d 971 (2007), a
case of sex discrimination in employment brought under the Idaho
Human Rights Act, Idaho Code 67-5901, et seq. A jury found in
Ms. Stout's favor, but the trial judge denied her request for
attorney fees. The Idaho supreme court affirmed the trial judge's
decision. The court said that attorney fees are not recoverable
under the state statute. The court reasoned that the federal
statute (Title VII of the Civil Rights Act of 1964) explicitly
states that attorney fees are recoverable, and the state statute
does not. The Court contrasted the language of the Idaho Human
Rights Act, which contains no mention of attorney fees with the
language of the Idaho Consumer Protection Act which contains a
specific section allowing the recovery of attorney fees.
The Idaho Human Rights Act is intended "[t]o 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." Idaho Code 67-5901. The Civil
Rights Act of 1964, the Age Discrimination in Employment Act, and
the Americans with Disabilities Act each allow an award of attorney
fees to a successful plaintiff. The state statute is currently
inconsistent with the federal anti-discrimination statutes. It is
also inconsistent with other state law. A plaintiff who is
discharged from a job for a reason in violation of public policy
may recover attorney fees, but a plaintiff who is discharged from
a job for an unlawful discriminatory reason may not. Stout. 158
P.3d at 974.
FISCAL NOTE
None.
Contact: Leslie Goddard
Agency: Human Rights Commission
Phone: 334-2873
STATEMENT OF PURPOSE/FISCAL NOTE S 1283