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Idaho Fair Hiring Laws - WorkforceHub

The guide explains that Idaho's fair hiring laws, which apply to employers with five or more employees, provide protections similar to but sometimes stricter than federal regulations—such as prohibiting wage discrimination based on sex (with exceptions for merit or seniority), matching federal age discrimination protections, and aligning with the Americans with Disabilities Act through the Idaho Human Rights Act—while also addressing specific issues like "ban-the-box" laws that limit when criminal history can be considered in hiring.

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Idaho and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these relate to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Idaho Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Idaho has several laws that relate to fair hiring and offer additional protections for employees. Specifically, the laws are applicable to smaller employers (5+ employees) than what is required under federal legislation.

Do Idaho Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Under Idaho law, all employers are prohibited from paying employees different wages for comparable work based solely on sex. Pay differences are permitted based on merit or seniority.

Do Idaho Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Idaho law matches the federal ADEA, which restricts against using age as a factor for discrimination in hiring.

Do Idaho Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Under the Idaho Human Rights Act, which mostly aligns with the federal ADA, employers may not discriminate against qualified individuals with disabilities in the hiring process. They are also required to provide reasonable accommodations.

Do Idaho Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Idaho follows the federal GINA, which prohibits employers from using genetic information to make hiring decisions.

Do Idaho Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Idaho Human Rights Act includes the same protected classes as Title VII of the Civil Rights Act, as well as age, pregnancy, disability, genetic information, and gender as protected characteristics that employers cannot use to discriminate when making hiring decisions.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Idaho?

Some Idaho cities have passed legislation offering protection against discrimination based on gender identity and sexual orientation, which is not included in state law. These include:

  • Boise
  • Idaho Falls
  • Bellevue
  • Meridian
  • Hailey
  • Sandpoint
  • Ketchum
  • Driggs
  • Moscow
  • Victor
  • Coeur d’Alene
  • Pocatello
  • Lewiston

Latah County also protects employees of the county from discrimination based on these characteristics.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.