Idaho Administrative Code Title IDAPA 45 - Human Rights Commission, Idaho
Idaho Administrative Code
Title IDAPA 45 – Human Rights Commission, Idaho
Overview
Title IDAPA 45 governs the rules and procedures of the Idaho Human Rights Commission (IHRC), which is the state agency tasked with enforcing Idaho’s civil rights laws. The Commission’s primary mission is to prevent and eliminate discrimination in employment, housing, public accommodations, and other areas based on protected classes under state law.
The rules in this title provide the framework for how complaints are processed, investigations are conducted, and enforcement actions are taken.
Key Areas Covered in IDAPA 45
1. Purpose and Authority
Establishes the IHRC’s authority under the Idaho Human Rights Act.
Defines the Commission’s role in enforcing anti-discrimination laws.
Outlines the scope of the Commission’s jurisdiction and responsibilities.
2. Protected Classes
Lists the bases upon which discrimination is prohibited, including but not limited to:
Race
Color
Religion
Sex (including pregnancy, sexual orientation, gender identity)
National origin
Age (in employment)
Disability
Familial status (in housing)
Other characteristics as defined by state law.
3. Filing Complaints
Procedures for individuals to file complaints alleging discrimination.
Timelines and forms required for complaint submission.
Requirements for jurisdiction, including time limits and scope.
4. Investigation Process
Steps the Commission takes to investigate complaints:
Preliminary review for jurisdiction and sufficiency.
Gathering of evidence, interviews, and fact-finding.
Confidentiality protections during the process.
Guidelines for informal dispute resolution and mediation.
5. Enforcement Actions
Authority to issue findings of probable cause or no cause.
Procedures for conciliation agreements to resolve complaints.
Referral to hearings or civil court for enforcement.
Possible remedies include:
Injunctive relief (stopping discriminatory practices).
Back pay or damages.
Other corrective actions.
6. Hearings and Appeals
Procedures for administrative hearings when complaints are not resolved.
Rights of parties to present evidence and legal representation.
Process for appealing Commission decisions.
7. Confidentiality and Records
Rules governing confidentiality of complaint information.
Maintenance and disposal of case files.
Public access limitations in accordance with privacy laws.
8. Public Education and Outreach
Commission’s role in educating the public and employers about rights and responsibilities.
Guidelines for training programs and informational materials.
Summary Table
| Section | Key Points |
|---|---|
| Purpose & Authority | IHRC’s enforcement of Idaho Human Rights Act |
| Protected Classes | Race, sex, disability, age, religion, national origin, familial status, etc. |
| Complaint Filing | How to file, deadlines, jurisdiction requirements |
| Investigation | Fact-finding, evidence collection, mediation options |
| Enforcement | Cause findings, remedies, conciliation, legal referrals |
| Hearings & Appeals | Administrative hearing procedures and appeals process |
| Confidentiality | Privacy protections and records management |
| Education & Outreach | Public awareness and training programs |
Conclusion
The Idaho Administrative Code Title IDAPA 45 outlines how the Human Rights Commission protects individuals from discrimination and enforces civil rights laws in Idaho. By setting clear procedures for complaints, investigations, and enforcement, the Commission plays a vital role in promoting equal opportunity and justice across the state.
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