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S1323......................................................by STATE AFFAIRS HUMAN RIGHTS - Amends existing law to expand the Human Rights Commission authority to include sexual orientation or gender identity. 01/21 Senate intro - 1st rdg - to printing 01/22 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1323 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 67-5909, IDAHO CODE, 3 TO EXPAND APPLICATION OF THE STATE HUMAN RIGHTS LAW; AND AMENDING SECTION 4 67-5910, IDAHO CODE, TO PROVIDE THAT CERTAIN ACTIONS SHALL NOT APPLY TO A 5 RELIGIOUS CORPORATION, ASSOCIATION OR SOCIETY OR CERTAIN PROPERTY OF THE 6 RELIGIOUS CORPORATION, ASSOCIATION OR SOCIETY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-5909, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-5909. ACTS PROHIBITED. It shall be a prohibited act to discriminate 11 against a person because of, or on a basis of, race, color, religion, sex,or12 national origin, sexual orientation or gender identity in any of the following 13 subsections. It shall be a prohibited act to discriminate against a person 14 because of, or on the basis of, age in subsections (1), (2), (3) and (4) of 15 this section. It shall be a prohibited act to discriminate against a person 16 because of, or on the basis of, disability in subsections (1), (2), (3) and 17 (4) of this section, provided that the prohibition against discrimination 18 because of disability shall not apply if the particular disability, even with 19 a reasonable accommodation, prevents the performance of the work required in 20 that job, and in subsections (6), (8), (9), (10) and (11) of this section. The 21 prohibition to discriminate shall also apply to those individuals without dis- 22 abilities who are associated with a person with a disability. 23 (1) For an employer to fail or refuse to hire, to discharge, or to other- 24 wise discriminate against an individual with respect to compensation or the 25 terms, conditions or privileges of employment or to reduce the wage of any 26 employee in order to comply with this chapter; 27 (2) For an employment agency to fail or refuse to refer for employment, 28 or otherwise to discriminate against an individual or to classify or refer an 29 individual for employment; 30 (3) For a labor organization: 31 (a) To exclude or to expel from membership, or to otherwise discriminate 32 against, a member or applicant for membership, 33 (b) To limit, segregate or classify membership, or to fail or refuse to 34 refer for employment an individual in any way, 35 1. Which would deprive an individual of employment opportunities, or 36 2. Which would limit employment opportunities or adversely affect 37 the status of an employee or of an applicant for employment, or 38 (c) To cause or attempt to cause an employer to violate this chapter. 39 (4) For an employer labor organization or employment agency to print or 40 publish or cause to be printed or published a notice or advertisement relating 41 to employment by the employer or membership in or a classification or referral 42 for employment by the labor organization, or relating to a classification or 43 referral for employment by an employment agency, indicating a preference, lim- 2 1 itation, specification or discrimination; but a notice or advertisement may 2 indicate a preference limitation, specification, or discrimination when such 3 is a bona fide occupational qualification for employment; 4 (5) For a person: 5 (a) To deny an individual the full and equal enjoyment of the goods, ser- 6 vices, facilities, privileges, advantages and accommodations of a place of 7 public accommodation, or 8 (b) To print, circulate, post, or mail or otherwise cause to be published 9 a statement, advertisement or sign which indicates that the full and equal 10 enjoyment of the goods, services, facilities, privileges, advantages of a 11 place of public accommodation will be refused, withheld from, or denied an 12 individual or that an individual's patronage of or presence at a place of 13 public accommodation is objectionable, unwelcome, unacceptable, or unde- 14 sirable. 15 (6) For a person who owns, leases or operates a place of public accommo- 16 dation: 17 (a) To deny an individual on the basis of disability the full and equal 18 enjoyment of the goods, services, facilities, privileges, advantages or 19 accommodations of a place of public accommodation; 20 (b) To impose or apply eligibility criteria that screen out or tend to 21 screen out an individual with a disability or any class of individuals 22 with disabilities from fully and equally enjoying any goods, services, 23 facilities, privileges, advantages or accommodations of a place of public 24 accommodation, unless such criteria can be shown to be necessary for the 25 provision of the goods, services, facilities, privileges, advantages or 26 accommodations being offered; 27 (c) To fail to make reasonable modifications in policies, practices, or 28 procedures when such modifications are necessary to afford such goods, 29 services, facilities, privileges, advantages, or accommodations to indi- 30 viduals with disabilities, unless the entity can demonstrate that making 31 such modifications would fundamentally alter the nature of such goods, 32 services, facilities, privileges, advantages or accommodations; 33 (d) To fail to take such steps as may be necessary to ensure that no 34 individual with a disability is excluded, denied services, segregated or 35 otherwise treated differently than other individuals because of the 36 absence of auxiliary aids and services, unless the entity can demonstrate 37 that taking such steps would fundamentally alter the nature of the goods, 38 services, facilities, privileges, advantages, or accommodations being 39 offered or would result in an undue burden; 40 (e) To fail to remove architectural barriers and communication barriers 41 that are structural in nature, in existing facilities and transportation 42 barriers in existing vehicles used by an establishment for transporting 43 individuals (not including barriers that can only be removed through 44 retrofitting of vehicles), where such removal is readily achievable; or 45 (f) Where an entity can demonstrate that the removal of a barrier under 46 paragraph (e) of this subsection is not readily achievable, to fail to 47 make such goods, services, facilities, privileges, advantages or accommo- 48 dations available through alternative methods if such methods are readily 49 achievable. 50 (7) For an educational institution: 51 (a) To exclude, expel, limit, or otherwise discriminate against an indi- 52 vidual seeking admission as a student or an individual enrolled as a stu- 53 dent in the terms, conditions, and privileges of the institution, or 54 (b) To make or use a written or oral inquiry or form of application for 55 admission that elicits or attempts to elicit information, or to make or 3 1 keep a record, of an applicant for admission, except as permitted by the 2 regulations of the commission, 3 (c) To print or publish or cause to be printed or published a catalogue 4 or other notice or advertisement indicating a preference, limitation, 5 specification, discrimination of an applicant for admission, or 6 (d) To announce or follow a policy of denial or limitation through a 7 quota or otherwise of educational opportunities of a group or its members. 8 (8) For an owner or any other person engaging in a real estate transac- 9 tion, or for a real estate broker or salesman: 10 (a) To refuse to engage in a real estate transaction with a person, 11 (b) To discriminate against a person in the terms, conditions or privi- 12 leges of a real estate transaction or in the furnishing of facilities or 13 services in connection therewith, 14 (c) To refuse to receive or to fail to transmit a bona fide offer to 15 engage in a real estate transaction from a person, 16 (d) To refuse to negotiate a real estate transaction with a person, 17 (e) To represent to a person that real property is not available for 18 inspection, sale, rental, or lease when in fact it is so available, or to 19 fail to bring a property listing to his attention, or to refuse to permit 20 him to inspect real property, 21 (f) To print, circulate, post or mail or cause to be so published a 22 statement, advertisement or sign, or to use a form of application for a 23 real estate transaction, or to make a record or inquiry in connection with 24 a prospective real estate transaction, which indicates, directly or indi- 25 rectly, an intent to make a limitation, specification, or discrimination 26 with respect thereto, 27 (g) To offer, solicit, accept, use or retain a listing of real property 28 with the understanding that a person may be discriminated against in a 29 real estate transaction or in the furnishing of facilities or services in 30 connection therewith, or 31 (h) To refuse to permit, at the expense of a person with a disability, 32 reasonable modifications of existing premises occupied or to be occupied 33 by such person if the modifications may be necessary to afford such person 34 full enjoyment of the premises. Provided, that in the case of a rental, 35 the landlord may, where it is reasonable to do so, condition permission 36 for a modification on the renter agreeing to restore the interior, exte- 37 rior, or both, of the premises, to the condition that existed before the 38 modification, reasonable wear and tear excepted. The provision for restor- 39 ation shall be included in any lease or rental agreement. 40 (9) For a person to whom application is made for financial assistance in 41 connection with a real estate transaction or for the construction, rehabilita- 42 tion, repair, maintenance, or improvement of real property, or a representa- 43 tive of such a person: 44 (a) To discriminate against the applicant, 45 (b) To use a form of application for financial assistance or to make or 46 keep a record or inquiry in connection with applications for financial 47 assistance which indicates directly or indirectly, an intent to make a 48 limitation, specification, or discrimination. 49 (10) To insert in a written instrument relating to real property a provi- 50 sion which purports to forbid or restrict the conveyance, encumbrance, occu- 51 pancy or lease thereof; 52 (11) For a person for the purpose of inducing a real estate transaction 53 from which he may benefit financially: 54 (a) To represent that a change has occurred or will or may occur in the 55 composition of the owners or occupants in the block, neighborhood, or area 4 1 in which the real property is located, or 2 (b) To represent that this change will or may result in the lowering of 3 property values, an increase in criminal or antisocial behavior, or a 4 decline in the quality of schools in the block, neighborhood, or area in 5 which the real property is located. 6 SECTION 2. That Section 67-5910, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 67-5910. LIMITATIONS. (1) This chapter does not apply to a religious cor- 9 poration, association, or society with respect to the employment of individu- 10 als of a particular religion to perform work connected with the carrying on by 11 the corporation, association, or society of its religious activities. 12 (2) It is not a discriminatory practice: 13 (a) For an employer to employ an employee, or an employment agency to 14 classify or refer for employment an individual, for a labor organization 15 to classify its membership or to classify or refer for employment an indi- 16 vidual, or for an employer, labor organization, or joint labor-management 17 committee controlling an apprenticeship or other training or retraining 18 program, on the basis of his religion, sex, national origin, or age if 19 religion, sex, national origin, or age is a bona fide occupational quali- 20 fication reasonably necessary to the normal operation of the business or 21 enterprise, or 22 (b) For an employer, employment agency, or labor organization to observe 23 the terms of a bona fide seniority system or any bona fide employee bene- 24 fit plan such as a retirement, pension, or insurance plan, which is not a 25 subterfuge to evade the purposes of this chapter, except that no such 26 employee benefit plan shall excuse the failure to hire any individual, and 27 no such seniority system or employee benefit plan shall require or permit 28 involuntary retirement of any individual specified in subsection (9) of 29 this section because of the age of such individual; however, the prohibi- 30 tion against age discrimination contained in this chapter shall not be 31 construed to prohibit compulsory retirement if such retirement is permit- 32 ted under the terms of 29 U.S.C., section 631(c)(1) and (2), or 33 (c) For a religious educational institution or an educational organiza- 34 tion to limit employment or give preference to members of the same reli- 35 gion, or 36 (d) For an employer, employment agency, or labor organization to discrim- 37 inate against a person with a disability which, under the circumstances, 38 poses a direct threat to the health or safety of the person with a dis- 39 ability or others. The burden of proving this defense is upon the 40 employer, labor organization, or employment agency. 41 (3) Nothing in this chapter shall require a person who owns, leases or 42 operates a place of public accommodation, to permit an individual with a dis- 43 ability to participate in or benefit from the goods, services, facilities, 44 privileges, advantages and accommodations of such place of public accommoda- 45 tion, where such individual poses a direct threat to the health or safety of 46 others. The burden of proving this defense is upon the person who owns, leases 47 or operates a place of public accommodation. 48 (4) This chapter does not apply to a private club, or other establishment 49 not in fact open to the public, except to the extent that the goods, services, 50 facilities, privileges, advantages or accommodations of the establishment are 51 made available to the customers or patrons of another establishment that is a 52 place of public accommodation. 53 (5) The provisions of section 67-5909(6), Idaho Code, do not apply to: 5 1 (a) Any agency of or any governmental entity within the state; or 2 (b) Religious organizations or entities controlled by religious organiza- 3 tions, including places of worship. 4 (6) Notwithstanding any other provisions of this chapter, it is not a 5 discriminatory practice for: 6 (a) A religious educational institution or an educational institution 7 operated, supervised, or controlled by a religious institution or organi- 8 zation to limit admission or give preference to applicants of the same 9 religion, or 10 (b) An educational institution to accept and administer an inter vivos or 11 testamentary gift upon the terms and conditions prescribed by the donor. 12 (7) The provisions of section 67-5909(8), Idaho Code, do not apply: 13 (a) To the rental of a housing accommodation in a building which contains 14 housing accommodations for not more than two (2) families living indepen- 15 dently of each other, if the lessor or a member of his family resides in 16 one (1) of the housing accommodations, or 17 (b) To the rental of a room or rooms in a housing accommodation by an 18 individual if he or a member of his family resides therein. 19 (8) It is not a discriminatory practice for a religious institution or 20 organization or a charitable or educational organization operated, supervised 21 or controlled by a religious institution or organization to give preference to 22 members of the same religion in a real property transaction. 23 (9) The prohibitions against discrimination based on age contained in 24 this chapter shall be limited to individuals who are at least forty (40) years 25 of age. 26 (10) The provisions of section 67-5909, Idaho Code, relating to discrimi- 27 nation because of, or on a basis of, sexual orientation or gender identity do 28 not apply to any religious corporation, association or society, or property of 29 the religious corporation, association or society used primarily for, or held 30 for the benefit of, religious purposes.
STATEMENT OF PURPOSE
RS 17673C1
Currently in Idaho a person can be fired from their job simply
because they are gay or because someone thinks they are gay. Idaho
Human Rights Statutes create fair employment policy for the state
of Idaho based on gender, religion, race, age and other
classifications. Disability was added to the statute in 2005.
These statutes also protect people from discrimination in housing
and education.
This legislation will end decades of discrimination against men and
women in every part of Idaho and set a tone for the state making
clear that it is wrong to fire someone from a job, refuse to
promote or fairly compensate someone, for no other reason than that
they are gay. This legislation will also support fair treatment of
students in Idaho schools and universities and ensure some access
for gay people to rental housing and public accommodation.
There are limitations to this protection. Only businesses with five
or more employees must comply with the Human Rights Act. Rental
units that are not simply duplex accommodations must comply. This
act does not apply to roommate rental situations.
Additionally, religious corporations, associations and societies
are excluded.
FISCAL NOTE
None.
Contact
Name: Senator Tim Corder
Senator David Langhorst
Senator Chuck Coiner
Representative Nicole LeFavour
Representative Les Bock
Representative Carlos Bilbao
Phone: 724-0468
STATEMENT OF PURPOSE/FISCAL NOTE S 1323
REVISED REVISED REVISE