2005 Idaho Code - 67-5909 — ACTS PROHIBITED

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 59
                          COMMISSION ON HUMAN RIGHTS
    67-5909.  ACTS PROHIBITED. It shall be a prohibited act to discriminate
against a person because of, or on a basis of, race, color, religion, sex or
national origin, in any of the following subsections. It shall be a prohibited
act to discriminate against a person because of, or on the basis of, age in
subsections (1), (2), (3) and (4) of this section. It shall be a prohibited
act to discriminate against a person because of, or on the basis of,
disability in subsections (1), (2), (3) and (4) of this section, provided that
the prohibition against discrimination because of disability shall not apply
if the particular disability, even with a reasonable accommodation, prevents
the performance of the work required in that job, and in subsections (6), (8),
(9), (10) and (11) of this section. The prohibition to discriminate shall also
apply to those individuals without disabilities who are associated with a
person with a disability.
    (1)  For an employer to fail or refuse to hire, to discharge, or to
otherwise discriminate against an individual with respect to compensation or
the terms, conditions or privileges of employment or to reduce the wage of any
employee in order to comply with this chapter;
    (2)  For an employment agency to fail or refuse to refer for employment,
or otherwise to discriminate against an individual or to classify or refer an
individual for employment;
    (3)  For a labor organization:
    (a)  To exclude or to expel from membership, or to otherwise discriminate
    against, a member or applicant for membership,
    (b)  To limit, segregate or classify membership, or to fail or refuse to
    refer for employment an individual in any way,
         1.  Which would deprive an individual of employment opportunities, or
         2.  Which would limit employment opportunities or adversely affect
         the status of an employee or of an applicant for employment, or
    (c)  To cause or attempt to cause an employer to violate this chapter.
    (4)  For an employer labor organization or employment agency to print or
publish or cause to be printed or published a notice or advertisement relating
to employment by the employer or membership in or a classification or referral
for employment by the labor organization, or relating to a classification or
referral for employment by an employment agency, indicating a preference,
limitation, specification or discrimination; but a notice or advertisement may
indicate a preference limitation, specification, or discrimination when such
is a bona fide occupational qualification for employment;
    (5)  For a person:
    (a)  To deny an individual the full and equal enjoyment of the goods,
    services, facilities, privileges, advantages and accommodations of a place
    of public accommodation, or
    (b)  To print, circulate, post, or mail or otherwise cause to be published
    a statement, advertisement or sign which indicates that the full and equal
    enjoyment of the goods, services, facilities, privileges, advantages of a
    place of public accommodation will be refused, withheld from, or denied an
    individual or that an individual's patronage of or presence at a place of
    public accommodation is objectionable, unwelcome, unacceptable, or
    undesirable.
    (6)  For a person who owns, leases or operates a place of public
accommodation:
    (a)  To deny an individual on the basis of disability the full and equal
    enjoyment of the goods, services, facilities, privileges, advantages or
    accommodations of a place of public accommodation;
    (b)  To impose or apply eligibility criteria that screen out or tend to
    screen out an individual with a disability or any class of individuals
    with disabilities from fully and equally enjoying any goods, services,
    facilities, privileges, advantages or accommodations of a place of public
    accommodation, unless such criteria can be shown to be necessary for the
    provision of the goods, services, facilities, privileges, advantages or
    accommodations being offered;
    (c)  To fail to make reasonable  modifications in policies, practices, or
    procedures when such modifications are necessary to afford such goods,
    services, facilities, privileges, advantages, or accommodations to
    individuals with disabilities, unless the entity can demonstrate that
    making such modifications would fundamentally alter the nature of such
    goods, services, facilities, privileges, advantages or accommodations;
    (d)  To fail to take such steps as may be necessary to ensure that no
    individual with a disability is excluded, denied services, segregated or
    otherwise treated differently than other individuals because of the
    absence of auxiliary aids and services, unless the entity can demonstrate
    that taking such steps would fundamentally alter the nature of the goods,
    services, facilities, privileges, advantages, or accommodations being
    offered or would result in an undue burden;
    (e)  To fail to remove architectural barriers and communication barriers
    that are structural in nature, in existing facilities and transportation
    barriers in existing vehicles used by an establishment for transporting
    individuals (not including barriers that can only be removed through
    retrofitting of vehicles), where such removal is readily achievable; or
    (f)  Where an entity can demonstrate that the removal of a barrier under
    paragraph (e) of this subsection is not readily achievable, to fail to
    make such goods, services, facilities, privileges, advantages or
    accommodations available through alternative methods if such methods are
    readily achievable.
    (7)  For an educational institution:
    (a)  To exclude, expel, limit, or otherwise discriminate against an
    individual seeking admission as a student or an individual enrolled as a
    student in the terms, conditions, and privileges of the institution, or
    (b)  To make or use a written or oral inquiry or form of application for
    admission that elicits or attempts to elicit information, or to make or
    keep a record, of an applicant for admission, except as permitted by the
    regulations of the commission,
    (c)  To print or publish or cause to be printed or published a catalogue
    or other notice or advertisement indicating a preference, limitation,
    specification, discrimination of an applicant for admission, or
    (d)  To announce or follow a policy of denial or limitation through a
    quota or otherwise of educational opportunities of a group or its members.
    (8)  For an owner or any other person engaging in a real estate
transaction, or for a real estate broker or salesman:
    (a)  To refuse to engage in a real estate transaction with a person,
    (b)  To discriminate against a person in the terms, conditions or
    privileges of a real estate transaction or in the furnishing of facilities
    or services in connection therewith,
    (c)  To refuse to receive or to fail to transmit a bona fide offer to
    engage in a real estate transaction from a person,
    (d)  To refuse to negotiate a real estate transaction with a person,
    (e)  To represent to a person that real property is not available for
    inspection, sale, rental, or lease when in fact it is so available, or to
    fail to bring a property listing to his attention, or to refuse to permit
    him to inspect real property,
    (f)  To print, circulate, post or mail or cause to be so published a
    statement, advertisement or sign, or to use a form of application for a
    real estate transaction,  or to make a record or inquiry in connection
    with a prospective real estate transaction, which indicates, directly or
    indirectly, an intent to make a limitation, specification, or
    discrimination with respect thereto,
    (g)  To offer, solicit, accept, use or retain a listing of real property
    with the understanding that a person may be discriminated against in a
    real estate transaction or in the furnishing of facilities or services in
    connection therewith, or
    (h)  To refuse to permit, at the expense of a person with a disability,
    reasonable modifications of existing premises occupied or to be occupied
    by such person if the modifications may be necessary to afford such person
    full enjoyment of the premises. Provided, that in the case of a rental,
    the landlord may, where it is reasonable to do so, condition permission
    for a modification on the renter agreeing to restore the interior,
    exterior, or both, of the premises, to the condition that existed before
    the modification, reasonable wear and tear excepted. The provision for
    restoration shall be included in any lease or rental agreement.
    (9)  For a person to whom application is made for financial assistance in
connection with a real estate transaction or for the construction,
rehabilitation, repair, maintenance, or improvement of real property, or a
representative of such a person:
    (a)  To discriminate against the applicant,
    (b)  To use a form of application for financial assistance or to make or
    keep a record or inquiry in connection with applications for financial
    assistance which indicates directly or indirectly, an intent to make a
    limitation, specification, or discrimination.
    (10) To insert in a written instrument relating to real property a
provision which purports to forbid or restrict the conveyance, encumbrance,
occupancy or lease thereof;
    (11) For a person for the purpose of inducing a real estate transaction
from which he may benefit financially:
    (a)  To represent that a change has occurred or will or may occur in the
    composition of the owners or occupants in the block, neighborhood, or area
    in which the real property is located, or
    (b)  To represent that this change will or may result in the lowering of
    property values, an increase in criminal or antisocial behavior, or a
    decline in the quality of schools in the block, neighborhood, or area in
    which the real property is located.