TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 59

COMMISSION ON HUMAN RIGHTS

67-5909B.  Compulsory gender language prohibited — private cause of action — rulemaking. (1) As used in this section:

(a)  "Government employee" means a person employed by the state of Idaho, or by any county, municipality, public university or community college, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.

(b)  "Public school" means any publicly funded school teaching kindergarten through grade 12 students that is operated and controlled by any public school district organized under the laws of this state, including specially chartered school districts.

(c)  "Sex" means the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.

(d)  "Student" means an individual who is enrolled on a full-time or part-time basis at a public school or public institution of higher education.

(2)  A government employee, regardless of the scope of such employee’s official duties, shall not be subject to adverse employment action for declining to:

(a)  Identify such employee’s pronouns while acting within the scope of employment; or

(b)  Address a person using a name other than the person’s legal name or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the person’s sex.

(3)  An employee of a public school or public institution of higher education, regardless of the scope of such employee’s official duties, shall not:

(a)  Knowingly and intentionally address an unemancipated minor student by a name other than the student’s legal name or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the student’s sex, without the written permission of the student’s parent or guardian; and

(b)  Be subject to adverse employment action for declining to address a student using a name other than the student’s legal name, or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with a student’s sex.

(4)  A student of a public school or public institution of higher education shall not be subject to adverse disciplinary action by the school or institution for declining to:

(a)  Identify such student’s pronouns; or

(b)  Address a person using a name other than the person’s legal name, or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the person’s sex.

(5)  Any person who is harmed by a government employer, public school, or public institution for higher education for violating the provisions of this section shall have a private cause of action for injunctive relief, monetary damages, reasonable attorney’s fees and costs, and any other appropriate relief. All civil actions brought pursuant to this section must be initiated within two (2) years from the date that the violation occurs.

(6)  The Idaho commission on human rights may adopt rules to administer the provisions of this section.

History:

[67-5909B, added 2024, ch. 314, sec. 2, p. 1044.]