FEPA Discrimination Charge and Right-to-Sue Procedure — Idaho

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FEPA Discrimination Charge and Right-to-Sue Procedure (IDAHO)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [COUNSEL NAME]
DATE: [__/__/____]
RE: Eligibility — Idaho Human Rights Act Complaint

A.1 Statute Selection

A.2 Coverage Analysis

A.3 Protected Class Identified

☐ Race ☐ Color ☐ National origin
☐ Religion ☐ Sex ☐ Pregnancy / childbirth
☐ Disability (physical / mental) ☐ Age 40+
☐ Retaliation — § 67-5910
☐ Sexual orientation / gender identity (federal Title VII via dual-filing only)

A.4 Strategic Considerations

☐ Sexual orientation / gender identity claim — must rely on federal Title VII (Bostock v. Clayton County, 590 U.S. 644 (2020))
☐ Use longer 365-day state filing window vs. federal 300-day
☐ Request IHRC litigation under § 67-5908(2) (free representation)
☐ Pursue private right of action after administrative closure
☐ Idaho federal court (D. Idaho) vs. state district court venue analysis

Part B — Charge of Discrimination (IHRC Filing)

FILED WITH: Idaho Human Rights Commission
1109 Main Street, Suite 400, Boise, ID 83720-0040
CROSS-FILED WITH: U.S. Equal Employment Opportunity Commission (EEOC) — Seattle Field Office (jurisdiction over Idaho)

Re: Complaint of Discrimination — Idaho Human Rights Act, Idaho Code § 67-5909 — [CHARGING PARTY]

B.1 Charging Party

B.2 Respondent

B.3 Cause(s) of Discrimination — Idaho Code § 67-5909

☐ Race ☐ Color ☐ National origin
☐ Religion ☐ Sex ☐ Pregnancy
☐ Disability ☐ Age (40+)
☐ Retaliation (§ 67-5910)
☐ Sexual orientation / gender identity (cross-filed under federal Title VII — Bostock)

B.4 Date(s) Discrimination Took Place

B.5 The Particulars

1. I, [CHARGING PARTY], was hired by Respondent on [__/__/____] as [POSITION].

2. I am a member of a protected class under § 67-5909 because [____________].

3. On [__/__/____], [INDIVIDUAL ACTOR, TITLE] [____________].

4. Similarly situated employees outside my protected class were treated differently: [____________].

5. I engaged in protected activity on [__/__/____] by [____________].

6. On [__/__/____], Respondent [terminated / demoted / failed to promote / harassed] me.

7. I believe I have been discriminated against in violation of the Idaho Human Rights Act, Idaho Code § 67-5909, and Title VII / ADA / ADEA (as applicable).

B.6 Verification

I declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct.

Part C — Right-to-Sue Demand Letter (Request for Administrative Closure)

[__/__/____]

Administrator
Idaho Human Rights Commission
1109 Main Street, Suite 400
Boise, ID 83720-0040
By certified mail, return receipt requested
Email: [email protected]

Re: Request for Administrative Closure / Notice of Right to Sue — Idaho Code § 67-5908 — IHRC Charge No. [_______________] — [CHARGING PARTY] v. [RESPONDENT]

Dear Administrator:

Pursuant to Idaho Code § 67-5908, the undersigned complainant respectfully requests that the Commission issue a Notice of Administrative Closure so that the 90-day private civil action window may commence.

1. The above-referenced charge was filed with the IHRC on [__/__/____].

2. ☐ More than [____] days have elapsed since the filing of the charge.
   ☐ The Commission has issued a finding of [probable cause / no probable cause].
   ☐ Conciliation has [concluded / failed / not been undertaken].
   ☐ The complainant elects to pursue a private civil action.

3. The complainant hereby formally requests the issuance of a Notice of Administrative Closure under Idaho Code § 67-5908.

4. The complainant ☐ does ☐ does not request that the Commission file a civil action on the complainant's behalf under Idaho Code § 67-5908(2).

5. Upon receipt of the Notice of Administrative Closure, complainant intends to file a private civil action within 90 days as required by § 67-5908.

Respectfully,

[____________________]
[CHARGING PARTY / Counsel]

Part D — Pre-Suit Civil Complaint (Template)

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____________]

Case No. CV-[____________]
COMPLAINT AND DEMAND FOR JURY TRIAL
(Idaho Code § 67-5908; § 67-5909)

Plaintiff [NAME], by and through undersigned counsel, alleges as follows:

I. PARTIES

1. Plaintiff [NAME] is and at all material times was a resident of [____________] County, Idaho.

2. Defendant [EMPLOYER] is a [corporation / LLC] doing business in [____________] County, Idaho, and employed five (5) or more employees within the meaning of Idaho Code § 67-5902(6).

II. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction under Idaho Code § 67-5908 and Idaho Const. art. V, § 20.

4. Venue is proper in [____________] County under Idaho Code § 5-404.

III. ADMINISTRATIVE EXHAUSTION

5. Plaintiff timely filed a complaint with the Idaho Human Rights Commission on [__/__/____] (IHRC Charge No. [_______]).

6. The IHRC issued a Notice of Administrative Closure on [__/__/____].

7. This Complaint is filed within 90 days of administrative closure as required by Idaho Code § 67-5908.

IV. FACTS

8.–[__]. [Detail facts from charge particulars].

V. CAUSES OF ACTION

Count I — Discrimination on the basis of [____________] (Idaho Code § 67-5909)
Count II — Retaliation (Idaho Code § 67-5910)
Count III — Title VII / ADA / ADEA (parallel federal claim)

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests judgment against Defendant for:

a. Back pay (up to 2 years before charge filing) — § 67-5908(3);
b. Reinstatement or front pay;
c. Compensatory damages (under federal parallel claim);
d. Reasonable attorney fees and costs — § 67-5908(3);
e. Pre- and post-judgment interest;
f. Such other relief as the Court deems proper.

VII. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

Dated: [__/__/____]

[____________________]
[COUNSEL NAME, ISB #_____]
[FIRM / ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Coverage and Timing

☐ Employer has 5+ employees — § 67-5902(6)
☐ Adverse act within 365 days (state) — § 67-5907
☐ Adverse act within 300 days (federal EEOC dual-file)
☐ Both deadlines calendared
☐ Continuing-violation doctrine analyzed
☐ SOGI claim filed under federal Title VII (Bostock) if applicable

Charge Drafting

☐ Idaho intake questionnaire completed (preliminary)
☐ Charge identifies protected class with statutory citation
☐ Each adverse act dated
☐ Actors named with title
☐ Cross-filing with EEOC indicated
☐ Verification signed

Filing

☐ Charge filed with IHRC (online / mail / in person)
☐ Confirmation of filing date received
☐ Litigation hold to client

Investigation Stage

☐ Position statement deadline tracked
☐ Witness list prepared
☐ Documents preserved
☐ Mediation option evaluated
☐ Commissioner review process understood (no contested-case hearing — IDAPA 45.01.01.003)

Administrative Closure / Right to Sue

☐ Request letter under § 67-5908 drafted
☐ Election whether to request IHRC civil action under § 67-5908(2)
☐ Notice of Administrative Closure received and date docketed
☐ 90-day court deadline calendared

Court Filing

☐ Venue and court selection (state vs. federal)
☐ Complaint drafted
☐ Administrative exhaustion paragraph
☐ Federal parallel claims pleaded (if dual-filed)
☐ Jury demand
☐ Filing fee or IFP

Damages

☐ Back pay calculation (2-year pre-charge cap — § 67-5908(3))
☐ Front pay valuation
☐ Mitigation log
☐ Federal compensatory damages calculation (if Title VII parallel claim)
☐ Attorney fee timekeeping

Sources and References

• Idaho Human Rights Commission — https://humanrights.idaho.gov
• File a Complaint — https://humanrights.idaho.gov/idaho-law/contexts/file-a-complaint/
• IHRC Complaint Resolution Procedure — https://humanrights.idaho.gov/wp-content/uploads/2022/03/complaint-resolution-procedure.pdf
• Idaho Code § 67-5901 (Purposes) — https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH59/SECT67-5901/
• Idaho Code § 67-5907 (Filing of complaint; one year) — https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH59/SECT67-5907/
• Idaho Code § 67-5908 (Judicial relief; 90-day deadline) — https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH59/SECT67-5908/
• Idaho Code § 67-5909 (Unlawful employment practices) — https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH59/SECT67-5909/
• IDAPA 45.01.01 — IHRC Rules — https://proddfmmainsa.blob.core.windows.net/dfm-admin-website/rules/2000/45/0101.pdf
• Bostock v. Clayton County, 590 U.S. 644 (2020) — SOGI under Title VII
• O'Dell v. Basabe, 119 Idaho 796 (1991) — IHRA analysis
• Idaho Equal Pay Act — § 44-1701 to § 44-1704 — Idaho Dep't of Labor

This template is provided for informational purposes only and does not constitute legal advice. Consult an Idaho-licensed attorney before filing any complaint or civil action. Verify all statutory citations against the current Idaho Code and IDAPA Title 45.