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“Employer” means a person, wherever situated, who hires five or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year whose services are to be partially or wholly performed in the state of Idaho, except for domestic servants hired to work in and about the person’s household. The term also means:
“Disability” means a physical or mental condition of a person, whether congenital or acquired, which constitutes a substantial limitation to that person and is demonstrable by medically accepted clinical or laboratory diagnostic techniques. A person with a disability is one who:
(a) Has such a disability, or
(b) Has a record of such a disability, or
(c) Is regarded as having such a disability.
A person suffering from a chronic contagious disease is a person with a disability if he/she meets this definition. A person is entitled to an individualized medical inquiry to determine if he/she is qualified for the job in question. Factors to be considered include the nature, duration and severity of the risk of infection, and the probability that the disease would be transmitted and would cause varying degrees of harm.
Alcoholism is a disability if the requirements of the definition are met. No accommodation is necessary if the disability creates a health or safety threat. Whenever alcoholism includes current use of alcohol, an employer may condition job retention upon the employee’s successful completion of a treatment program and documented participation in an aftercare program.
Drug addiction is a disability if the requirements of the definition are met. No accommodation is necessary if the disability creates a health or safety threat. No accommodation is necessary for drug addiction which includes current illegal use, possession, or selling of a controlled substance. An employer may condition job retention upon the employee’s successful completion of a treatment program and documented participation in an aftercare program.
Minor illnesses or conditions which are only temporarily disabling are not considered disabilities for the purposes of discrimination. Examples include, but are not limited to, broken bones, sprains, or colds.
Reasonable accommodation defined
"Reasonable accommodation" means an adjustment which does not:
(a) Unduly disrupt or interfere with the employer's normal operations,
(b) Threaten the health or safety of the person with the disability or others,
(c) Contradict a business necessity of the employer, or
(d) Impose undue hardship on the employer based on the size of the employer's business, the type of business, the financial resources, and the estimated cost and extent of the adjustment;
Readily achievable defined
"Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include the following:
(a) The nature and cost of the action needed under this chapter,
(b) The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of the action upon the operation of the facility,
(c) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, the number, type, and location of its facilities, and
(d) The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of the entity, the geographic separateness, administrative or fiscal relationship
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes exemptions for such things as bona fide occupational qualifications, and requires reasonable accommodations.
An employer must not discriminate against an applicant or employee because of a disability which is not presently job-related but which may worsen and become job-related in the future.
This state law does not apply to a private club or other establishment not open to the public, except to the extent that the goods, services, facilities, privileges, advantages or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation.
A complaint must be filed within one year after the alleged unlawful practice occurs. If the alleged unlawful practice is of a continuing nature, the date of the occurrence can be any date up to and including the date on which the complaint was filed if the alleged unlawful practice continues.
IDAPA 45 - Human Rights Commission
Idaho Statutes Title 67, Chapter 59 Commission on Human Rights