2005 Idaho Code - 67-5910 — LIMITATIONS

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 59
                          COMMISSION ON HUMAN RIGHTS
    67-5910.  LIMITATIONS. (1) This chapter does not apply to a religious
corporation, association, or society with respect to the employment of
individuals of a particular religion to perform work connected with the
carrying on by the corporation, association, or society of its religious
activities.
    (2)  It is not a discriminatory practice:
    (a)  For an employer to employ an employee, or an employment agency to
    classify or refer for employment an individual, for a labor organization
    to classify its membership or to classify or refer for employment an
    individual, or for an employer, labor organization, or joint
    labor-management committee controlling an apprenticeship or other training
    or retraining program, on the basis of his religion, sex, national origin,
    or age if religion, sex, national origin, or age is a bona fide
    occupational qualification reasonably necessary to the normal operation of
    the business or enterprise, or
    (b)  For an employer, employment agency, or labor organization to observe
    the terms of a bona fide seniority system or any bona fide employee
    benefit plan such as a retirement, pension, or insurance plan, which is
    not a subterfuge to evade the purposes of this chapter, except that no
    such employee benefit plan shall excuse the failure to hire any
    individual, and no such seniority system or employee benefit plan shall
    require or permit involuntary retirement of any individual specified in
    subsection (9) of this section because of the age of such individual;
    however, the prohibition against age discrimination contained in this
    chapter shall not be construed to prohibit compulsory retirement if such
    retirement is permitted under the terms of 29 U.S.C., section 631(c)(1)
    and (2), or
    (c)  For a religious educational institution or an educational
    organization to limit employment or give preference to members of the same
    religion, or
    (d)  For an employer, employment agency, or labor organization to
    discriminate against a person with a disability which, under the
    circumstances, poses a direct threat to the health or safety of the person
    with a disability or others.  The burden of proving this defense is upon
    the employer, labor organization, or employment agency.
    (3)  Nothing in this chapter shall require a person who owns, leases or
operates a place of public accommodation, to permit an individual with a
disability to participate in or benefit from the goods, services, facilities,
privileges, advantages and accommodations of such place of public
accommodation, where such individual poses a direct threat to the health or
safety of others. The burden of proving this defense is upon the person who
owns, leases or operates a place of public accommodation.
    (4)  This chapter does not apply to a private club, or other establishment
not in fact 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.
    (5)  The provisions of section 67-5909(6), Idaho Code, do not apply to:
    (a)  Any agency of or any governmental entity within the state; or
    (b)  Religious organizations or entities controlled by religious
    organizations, including places of worship.
    (6)  Notwithstanding any other provisions of this chapter, it is not a
discriminatory practice for:
    (a)  A religious educational institution or an educational institution
    operated, supervised, or controlled by a religious institution or
    organization to limit admission or give preference to applicants of the
    same religion, or
    (b)  An educational institution to accept and administer an inter vivos or
    testamentary gift upon the terms and conditions prescribed by the donor.
    (7)  The provisions of section 67-5909(8), Idaho Code, do not apply:
    (a)  To the rental of a housing accommodation in a building which contains
    housing accommodations for not more than two (2) families living
    independently of each other, if the lessor or a member of his family
    resides in one (1) of the housing accommodations, or
    (b)  To the rental of a room or rooms in a housing accommodation by an
    individual if he or a member of his family resides therein.
    (8)  It is not a discriminatory practice for a religious institution or
organization or a charitable or educational organization operated, supervised
or controlled by a religious institution or organization to give preference to
members of the same religion in a real property transaction.
    (9)  The prohibitions against discrimination based on age contained in
this chapter shall be limited to individuals who are at least forty (40) years
of age.