Idaho Civil Rights Complaint - Idaho Human Rights Act

CIVIL RIGHTS COMPLAINT — IDAHO HUMAN RIGHTS ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion
6. Factual Allegations
7. Count I — Discrimination in Violation of Idaho Code § 67-5909
8. Count II — Hostile Work Environment / Harassment
9. Count III — Retaliation in Violation of Idaho Code § 67-5911
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Reservation of Rights
14. Signature and Service Blocks
15. Verification
16. Certificate of Service
17. Idaho Practice Notes
18. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF THE [_______________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [_______________]

Case No. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

(Idaho Human Rights Act — Idaho Code § 67-5901 et seq.)

JURY TRIAL DEMANDED

Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, complains against Defendants and alleges as follows:

2. INTRODUCTION

1. This is a civil action for damages, equitable relief, and attorney's fees brought under the Idaho Human Rights Act, Idaho Code §§ 67-5901 through 67-5912 (the "IHRA"), arising from Defendants' unlawful discrimination, harassment, and/or retaliation against Plaintiff on the basis of Plaintiff's protected class.

2. Plaintiff seeks (a) actual damages including back pay and lost benefits; (b) front pay and reinstatement or, in the alternative, equivalent equitable relief; (c) punitive damages of $1,000 for each willful violation pursuant to Idaho Code § 67-5908(3)(e); (d) reasonable attorney's fees pursuant to Idaho Code § 67-5908(3)(f); and (e) such other and further relief as the Court deems just.

3. PARTIES

3. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult citizen and resident of [COUNTY] County, Idaho, and at all relevant times was an "employee" of Defendant Employer within the meaning of Idaho Code § 67-5902(7).

4. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership / sole proprietorship / governmental entity] organized under the laws of [STATE] with a principal place of business at [ADDRESS], [CITY], Idaho. At all relevant times, Employer employed five (5) or more employees within Idaho and is therefore an "employer" within the meaning of Idaho Code § 67-5902(6).

5. [Optional individual defendant:] Defendant [INDIVIDUAL NAME] is an adult resident of [COUNTY] County, Idaho, who at all relevant times served as [POSITION / TITLE] for Defendant Employer and personally engaged in the unlawful conduct described herein.

4. JURISDICTION AND VENUE

6. This Court has subject-matter jurisdiction over this civil action pursuant to Idaho Const. art. V, § 20, and Idaho Code §§ 1-705 and 67-5908.

7. Venue lies in [COUNTY] County, Idaho, pursuant to Idaho Code § 5-404 because the unlawful employment practices alleged herein occurred in [COUNTY] County and/or Defendant Employer maintains its principal place of business or transacts substantial business there.

8. The amount in controversy exceeds the jurisdictional minimum of this Court and exceeds Ten Thousand Dollars ($10,000.00), exclusive of interest and costs.

5. ADMINISTRATIVE EXHAUSTION

9. On [DATE OF IHRC FILING], Plaintiff timely filed a verified charge of discrimination with the Idaho Human Rights Commission ("IHRC"), Charge No. [________________________________], within one (1) year of the unlawful conduct as required by Idaho Code § 67-5907.

10. The IHRC charge was cross-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the work-sharing agreement between IHRC and EEOC, EEOC Charge No. [________________________________].

11. On [DATE], the IHRC issued a Notice of Administrative Dismissal and/or notice of right to sue. [If applicable:] On [DATE], the EEOC issued a Notice of Right to Sue.

12. This Complaint is filed within ninety (90) days of the IHRC notice as required by Idaho Code § 67-5908(2). All conditions precedent to suit have been satisfied.

6. FACTUAL ALLEGATIONS

13. Plaintiff was hired by Defendant Employer on [HIRE DATE] as a [JOB TITLE]. Throughout Plaintiff's employment, Plaintiff performed Plaintiff's job duties competently and met or exceeded Defendant's legitimate expectations.

14. Plaintiff is a member of one or more protected classes under the IHRA: [race / color / religion / sex / national origin / disability / age 40+] — specifically, Plaintiff is [DESCRIBE PROTECTED-CLASS STATUS].

15. Beginning on or about [DATE], Defendants subjected Plaintiff to adverse employment actions and disparate treatment because of Plaintiff's protected-class status, including but not limited to:

• [DESCRIBE ADVERSE ACTION 1 — e.g., termination, demotion, denial of promotion, denial of accommodation, pay disparity];
• [DESCRIBE ADVERSE ACTION 2];
• [DESCRIBE ADVERSE ACTION 3].

16. Similarly situated employees outside Plaintiff's protected class were treated more favorably than Plaintiff in [DESCRIBE COMPARATOR EVIDENCE].

17. [For disability claims under Idaho Code § 67-5909A:] Plaintiff has a "disability" within the meaning of the IHRA and is a "qualified individual" able to perform the essential functions of the position with or without reasonable accommodation. Plaintiff requested the following reasonable accommodation(s) on [DATE]: [DESCRIBE ACCOMMODATION REQUEST]. Defendants failed to engage in the interactive process and/or denied the accommodation without undertaking an undue-hardship analysis.

18. [For harassment/hostile-environment claims:] Defendants subjected Plaintiff to severe and/or pervasive unwelcome conduct based on Plaintiff's protected class, including [DESCRIBE INCIDENTS], which altered the terms and conditions of Plaintiff's employment.

19. [For retaliation claims:] On [DATE], Plaintiff engaged in protected activity by [DESCRIBE COMPLAINT, OPPOSITION, OR PARTICIPATION]. Within [TIME PERIOD] of that protected activity, Defendants took the following materially adverse actions: [DESCRIBE].

20. Defendants knew, or in the exercise of reasonable diligence should have known, of the unlawful conduct and failed to take prompt and effective corrective action.

21. The unlawful conduct was the proximate cause of Plaintiff's economic and non-economic injuries described herein.

7. COUNT I — DISCRIMINATION IN VIOLATION OF IDAHO CODE § 67-5909

22. Plaintiff realleges and incorporates Paragraphs 1 through 21 as though fully set forth.

23. Idaho Code § 67-5909(1) makes it an unlawful employment practice for an employer to fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to compensation or the terms, conditions, or privileges of employment because of race, color, religion, sex, national origin, age, or disability.

24. Defendants engaged in unlawful employment practices by [ADVERSE ACTION] Plaintiff because of Plaintiff's [PROTECTED CLASS].

25. Defendants' stated reasons for the adverse action are pretextual, as evidenced by [PRETEXT FACTS — e.g., shifting explanations, comparator evidence, deviation from policy, temporal proximity].

26. Plaintiff's protected-class status was a motivating factor in Defendants' adverse employment actions.

27. As a direct and proximate result, Plaintiff has suffered the damages set forth in Section 10 below.

8. COUNT II — HOSTILE WORK ENVIRONMENT / HARASSMENT

28. Plaintiff realleges and incorporates Paragraphs 1 through 27.

29. Plaintiff was subjected to unwelcome conduct based on Plaintiff's [PROTECTED CLASS] that was sufficiently severe or pervasive to alter the terms and conditions of Plaintiff's employment and create an abusive working environment.

30. The harassing conduct was committed by [supervisor / co-worker / non-employee] and was actionable under both subjective and objective standards.

31. Defendants knew or should have known of the harassment and failed to take prompt remedial action reasonably calculated to end the harassment.

32. The hostile work environment was a proximate cause of Plaintiff's damages.

9. COUNT III — RETALIATION IN VIOLATION OF IDAHO CODE § 67-5911

33. Plaintiff realleges and incorporates Paragraphs 1 through 32.

34. Idaho Code § 67-5911 prohibits retaliation against any person who has opposed any practice made unlawful by the IHRA or who has filed a charge, testified, assisted, or participated in an investigation or proceeding under the IHRA.

35. Plaintiff engaged in protected activity by [DESCRIBE OPPOSITION / PARTICIPATION].

36. Defendants knew of Plaintiff's protected activity and, because of it, took the following materially adverse action(s) against Plaintiff: [DESCRIBE].

37. A causal connection exists between Plaintiff's protected activity and Defendants' adverse action, evidenced by [CAUSATION FACTS].

38. As a proximate result, Plaintiff has suffered damages.

10. DAMAGES

39. Actual damages — back pay. Pursuant to Idaho Code § 67-5908(3)(c), Plaintiff seeks back pay and lost benefits from [DATE OF ADVERSE ACTION] through judgment, in an amount to be proven at trial, subject to the statutory limitation that back-pay liability shall not accrue from a date more than two (2) years prior to the filing of the IHRC charge.

40. Front pay / reinstatement. Pursuant to Idaho Code § 67-5908(3)(b), Plaintiff seeks reinstatement to Plaintiff's former position with full seniority and benefits, or in the alternative, front pay in lieu of reinstatement.

41. Other actual damages. Plaintiff seeks compensatory damages for out-of-pocket expenses, lost employment benefits, and other consequential economic injury.

42. Punitive damages. Pursuant to Idaho Code § 67-5908(3)(e), Plaintiff seeks punitive damages of $1,000 for each willful violation of the IHRA.

43. Attorney's fees and costs. Pursuant to Idaho Code § 67-5908(3)(f), Plaintiff seeks reasonable attorney's fees and costs.

44. Equitable relief. Plaintiff seeks an order requiring Defendants to cease and desist from the unlawful practices and to implement appropriate non-discrimination policies and training pursuant to Idaho Code § 67-5908(3)(a).

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

• A. Declaring Defendants' conduct unlawful under the Idaho Human Rights Act, Idaho Code § 67-5901 et seq.;
• B. Awarding Plaintiff actual damages including back pay and lost benefits in an amount to be proven at trial;
• C. Awarding Plaintiff front pay or, alternatively, ordering reinstatement to Plaintiff's former position with full seniority and benefits;
• D. Awarding Plaintiff punitive damages of $1,000 for each willful violation of the IHRA pursuant to Idaho Code § 67-5908(3)(e);
• E. Awarding Plaintiff reasonable attorney's fees and costs pursuant to Idaho Code § 67-5908(3)(f) and Idaho R. Civ. P. 54;
• F. Issuing a permanent injunction requiring Defendants to cease and desist from the unlawful practices and to implement remedial measures;
• G. Awarding pre-judgment and post-judgment interest at the legal rate;
• H. Granting such other and further relief as the Court deems just and equitable.

12. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Idaho R. Civ. P. 38(b).

13. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add additional parties, claims, or factual allegations as discovery may reveal, consistent with Idaho R. Civ. P. 15.

14. SIGNATURE AND SERVICE BLOCKS

Dated this [____] day of [_______________], 20[____].

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], ISB No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, IDAHO ZIP]

Telephone: [________________________________]

Email: [________________________________]

15. VERIFICATION

STATE OF IDAHO

COUNTY OF [_______________]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and say: I am the Plaintiff in the above-captioned action; I have read the foregoing Verified Complaint; and the matters stated therein are true to my own knowledge, except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

SUBSCRIBED AND SWORN to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public for Idaho

Residing at: [_______________]

My Commission Expires: [_______________]

16. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of the foregoing VERIFIED COMPLAINT to be served upon the following parties via:

☐ U.S. Mail, postage prepaid

☐ Hand Delivery

☐ iCourt Electronic Service

☐ Email (by agreement of counsel)

[NAME AND ADDRESS OF DEFENDANT / DEFENSE COUNSEL]

[________________________________]

[ATTORNEY NAME]

17. IDAHO PRACTICE NOTES

• Five-employee threshold. Idaho Code § 67-5902(6) defines "employer" as one having five or more employees. This is materially broader than federal Title VII (15+) and ADEA (20+) but narrower than ADA (15+). Confirm the employee count by interrogatory or sworn affidavit early in discovery.

• No state-level SO/GI protection. The Idaho Human Rights Act does not expressly enumerate sexual orientation or gender identity. Plaintiffs alleging SO/GI discrimination should plead Title VII sex-discrimination theories under Bostock v. Clayton County, 590 U.S. 644 (2020), in federal court (or as a parallel state claim, recognizing IHRA's "sex" basis after Bostock).

• One-year IHRC deadline. Idaho Code § 67-5907 requires the administrative charge to be filed within ONE YEAR of the alleged unlawful act — substantially longer than the federal 180/300-day deadlines. Failure to timely file with IHRC bars the IHRA civil action.

• 90-day suit window. After IHRC issues a notice of administrative dismissal under § 67-5907(6), the plaintiff has ninety (90) days to commence a civil action. Calendar this deadline carefully — it is jurisdictional in effect.

• Damages limitations. Idaho Code § 67-5908(3) caps "punitive" damages at $1,000 per willful violation and limits back pay to two years prior to the IHRC charge. The IHRA does not authorize emotional-distress damages. To recover broader compensatory and punitive damages, plaintiffs typically join federal claims under Title VII, ADA, ADEA, or 42 U.S.C. § 1981 (which has no cap and no exhaustion requirement for race claims).

• Attorney's fees. Following Stout v. Key Training Corp., 144 Idaho 195 (2007), and the 2008 amendment via S.B. 1283, attorney's fees are now available under Idaho Code § 67-5908(3)(f) for prevailing plaintiffs.

• Governmental defendants. If suing a public employer, Idaho Code § 67-5907A and the Idaho Tort Claims Act (Title 6, Chapter 9) impose pre-suit notice requirements. Coordinate the IHRC charge with any necessary tort-claims notice.

• Pleading standard. Idaho is a notice-pleading state under Idaho R. Civ. P. 8(a). Plead each adverse action with date, decisionmaker, and protected-class linkage to survive Rule 12(b)(6) and to anticipate the McDonnell Douglas burden-shifting framework on summary judgment.

• Disability claims. Idaho Code § 67-5909A imposes accommodation duties parallel to the federal ADA. Document the interactive-process record and any accommodation requests / denials in the complaint.

18. SOURCES AND REFERENCES

• Idaho Code § 67-5901 (Purpose) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5901/
• Idaho Code § 67-5902 (Definitions) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5902/
• Idaho Code § 67-5907 (Complaints and procedures) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5907/
• Idaho Code § 67-5908 (District court procedure; remedies) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5908/
• Idaho Code § 67-5909 (Acts prohibited) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909/
• Idaho Code § 67-5909A (Disability provisions) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909A/
• Idaho Code § 67-5911 (Retaliation prohibited)
• Idaho Code Title 67, Chapter 59 (full chapter PDF) — https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title67/T67CH59.pdf
• Idaho Human Rights Commission — https://humanrights.idaho.gov/
• Idaho Rules of Civil Procedure — https://isc.idaho.gov/ircp/IRCPFinal
• Stout v. Key Training Corp., 144 Idaho 195 (2007) (attorney-fee availability)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII sex / SO-GI)
• 42 U.S.C. § 2000e-5 (Title VII enforcement) — https://www.eeoc.gov/
• 42 U.S.C. § 12101 et seq. (ADA)
• 29 U.S.C. § 621 et seq. (ADEA)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Idaho must review and customize this document before filing. Laws, citations, court rules, and IHRC procedures change; verify all authorities before use.