2010 Idaho Code
TITLE 65 SOLDIERS AND SAILORS
CHAPTER 5 RIGHTS AND PRIVILEGES OF VETERANS
65-506 FAILING OR REFUSING TO GIVE PREFERENCE -- CIVIL LIABILITY.
SOLDIERS AND SAILORS
CHAPTER 5
RIGHTS AND PRIVILEGES OF VETERANS
65-506. Failing or refusing to give preference -- Civil liability. (1) Individuals who believe they have been denied a right or benefit under this chapter may file an appeal with the governing body of such jurisdiction or unit of government within thirty-five (35) days of the alleged denial of preference. If an appeal process does not exist for that jurisdiction or unit of government, the complainant may file directly in district court.
(2) The division of veterans services is authorized and directed to issue rules for the enforcement of this chapter. Such rules shall include, but are not limited to, procedures public employers may implement for an internal process which must be exhausted prior to gaining access to the courts.
(3) Any public employer who deliberately or willfully refuses or fails to give preference to qualified veterans required by the provisions of this chapter shall be subject to writs of mandate pursuant to sections 7-301 through 7-314, Idaho Code, and if found in violation of any such provisions shall be required to pay the costs of suit and reasonable attorney’s fees incurred in such action, and may further be required to employ or reemploy the veteran, and shall be required to pay as damages such amount as the court may award, but in no event shall the amount of such damages and costs of suit exceed the sum of five thousand dollars ($5,000) or ten percent (10%) of the annual salary of the position, whichever is higher. Such action must be commenced not more than one hundred eighty (180) days from the alleged denial of preference, provided however, applicants for classified state employment remain subject to the procedures set forth in section 67-5316, Idaho Code. If an appeal process is in place pursuant to subsection (1) of this section, the one hundred eighty (180) days will not begin until that process has been exhausted.
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