Idaho Human Rights Commission Administrative Charge

CHARGE OF DISCRIMINATION

Filed with the Idaho Human Rights Commission (IHRC)

(Cross-filed with the U.S. Equal Employment Opportunity Commission Pursuant to Work-Share Agreement)

1. AGENCY HEADER

TO: Idaho Human Rights Commission, 317 W. Main Street, Boise, ID 83735-0660

Phone: (208) 334-2873 | Toll-Free: (888) 249-7025

Website: https://humanrights.idaho.gov/

FROM: [CHARGING PARTY FULL LEGAL NAME]

IHRC Charge No. (assigned by Commission): [________________________________]

EEOC Charge No. (cross-filed): [________________________________]

2. CHARGING PARTY INFORMATION

3. RESPONDENT (EMPLOYER / ENTITY) INFORMATION

4. EMPLOYMENT (OR OTHER) RELATIONSHIP

Context of Charge (check all that apply):

☐ Employment (Idaho Code § 67-5909(1)–(4))

☐ Public Accommodation (Idaho Code § 67-5909(5))

☐ Real Property Transaction (Idaho Code § 67-5909(6)–(7))

☐ Education (Idaho Code § 67-5909(9))

5. BASIS / PROTECTED CLASS (Check all that apply)

☐ Race — Specify: [__________]

☐ Color — Specify: [__________]

☐ Religion — Specify: [__________]

☐ Sex — ☐ Female ☐ Male ☐ Pregnancy ☐ Sex stereotyping (Bostock — cross-filed with EEOC for SO/GI)

☐ National Origin — Specify: [__________]

☐ Age (40 or older) — Date of birth: [__/__/____]

☐ Disability — Specify (physical, mental, perceived, record of, association):

☐ Genetic Information (federal GINA, cross-filed with EEOC)

☐ Retaliation (Idaho Code § 67-5911 / Title VII § 704(a))

☐ Other (specify): [__________]

6. ADVERSE ACTION(S) (Check all that apply)

☐ Failure to hire

☐ Discharge / termination

☐ Constructive discharge

☐ Demotion

☐ Failure to promote

☐ Reduction in pay or benefits

☐ Discipline (write-up, suspension, PIP)

☐ Denial of reasonable accommodation (disability or religion)

☐ Hostile work environment / harassment

☐ Sexual harassment

☐ Unequal terms and conditions of employment

☐ Denial of training or assignment

☐ Retaliation

☐ Denial of public accommodation

☐ Refusal to rent / sell / lease real property

☐ Refusal to enroll / educational discrimination

☐ Other (specify): [__________]

7. DATES OF DISCRIMINATION

Earliest date of discrimination: [__/__/____]

Latest / most recent date of discrimination: [__/__/____]

☐ Continuing action (incidents are part of an ongoing pattern through the present)

8. STATEMENT OF FACTS

The particulars of this Charge are as follows:

I. Charging Party's Status and Qualifications.

1. I, [CHARGING PARTY NAME], am a member of the protected class(es) checked in Section 5 above. Specifically, I am [describe protected-class status, e.g., "African American," "female," "over 40 years old, born [date]," "a person with [diagnosed condition], a disability under Idaho Code § 67-5909A and 42 U.S.C. § 12102"].

2. I was hired by Respondent on [__/__/____] as a [JOB TITLE]. Throughout my employment, I performed my duties competently and met or exceeded Respondent's legitimate expectations. [Summarize positive performance reviews, awards, tenure.]

II. The Discriminatory Conduct.

3. On [__/__/____], [describe the first discrete adverse action — who, what, when, where, why you believe it was based on a protected class].

4. On [__/__/____], [describe the second adverse action and any decisionmakers].

5. [Continue chronologically with each adverse action, including direct evidence (statements, emails) and circumstantial evidence (deviation from policy, comparator treatment, temporal proximity).]

III. Comparator / Pretext Evidence.

6. Similarly situated employees outside my protected class were treated more favorably. Specifically, [name comparator(s)], who held the same position, was/were given [describe favorable treatment] under similar circumstances.

7. Respondent's stated reason(s) for the adverse action(s) — [stated reason] — is/are pretextual because [explain inconsistency, shifting explanations, deviation from policy, or evidence rebutting the reason].

IV. Protected Activity and Retaliation (if applicable).

8. On [__/__/____], I engaged in protected activity by [describe internal complaint, opposition to discrimination, or participation in an investigation].

9. Within [time period] of my protected activity, Respondent took the following materially adverse action(s) against me: [describe]. The temporal proximity and other facts establish a causal connection.

V. Reasonable Accommodation (if disability or religion).

10. On [__/__/____], I requested a reasonable accommodation: [describe request]. Respondent [denied the request / failed to engage in the interactive process / provided a deficient accommodation].

VI. Harm Suffered.

11. As a result of Respondent's discriminatory conduct, I have suffered loss of wages and benefits, emotional distress, damage to my professional reputation, and other harm.

VII. Belief Statement.

12. I believe Respondent has discriminated against me because of my [PROTECTED CLASS] in violation of the Idaho Human Rights Act, Idaho Code § 67-5901 et seq., and [Title VII / ADA / ADEA / GINA] as enforced by the EEOC under the IHRC-EEOC work-sharing agreement.

9. WITNESSES

10. SUPPORTING DOCUMENTS (Attached / Available)

☐ Offer letter / contract of employment

☐ Job description

☐ Performance evaluations

☐ Disciplinary write-ups / PIP documents

☐ Termination letter / separation notice

☐ Pay stubs / W-2 / 1099 records

☐ Emails or text messages reflecting discriminatory conduct

☐ Internal complaints / HR correspondence

☐ Accommodation requests and responses

☐ Medical documentation (for disability claims)

☐ Witness statements

☐ Personnel file (if obtained)

☐ Other: [__________]

11. RELIEF REQUESTED

I request that the Idaho Human Rights Commission:

☐ Investigate this Charge under Idaho Code § 67-5907;

☐ Determine that probable cause exists to believe Respondent violated the Idaho Human Rights Act;

☐ Conciliate / mediate the dispute and obtain an appropriate remedy, including:

• ☐ Reinstatement to my former position with full seniority;
• ☐ Back pay and lost benefits (subject to the two-year limitation in Idaho Code § 67-5908(3)(c));
• ☐ Front pay in lieu of reinstatement;
• ☐ A cease-and-desist order under Idaho Code § 67-5908(3)(a);
• ☐ Implementation of non-discrimination policies and training;
• ☐ Posting of remedial notices;
• ☐ Reasonable attorney's fees pursuant to Idaho Code § 67-5908(3)(f);
• ☐ Such other relief as the Commission deems appropriate.

If the Commission is unable to resolve this Charge through conciliation, I request issuance of a Notice of Administrative Dismissal / Right to Sue so that I may pursue civil action in Idaho District Court within ninety (90) days under Idaho Code § 67-5908.

12. CROSS-FILING ELECTION (EEOC WORK-SHARE)

I want this Charge cross-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the work-sharing agreement between IHRC and EEOC for purposes of preserving my federal claims under:

☐ Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.)

☐ Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)

☐ Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.)

☐ Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff et seq.)

☐ Pregnancy Discrimination Act / Pregnant Workers Fairness Act

I understand that if Respondent has fewer than 15 employees, EEOC will not accept the cross-filing for Title VII / ADA / GINA, but IHRC retains jurisdiction at 5+ employees.

13. VERIFICATION UNDER OATH

I, [CHARGING PARTY NAME], declare under penalty of perjury under the laws of the State of Idaho that I have read the foregoing Charge of Discrimination and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[CHARGING PARTY NAME]

Date: [__/__/____]

STATE OF IDAHO

COUNTY OF [_______________]

SUBSCRIBED AND SWORN to before me this [____] day of [_______________], 20[____], by [CHARGING PARTY NAME], who is personally known to me or who produced [ID TYPE] as identification.

[________________________________]

Notary Public for Idaho

Residing at: [_______________]

My Commission Expires: [_______________]

(Notary Seal)

14. REPRESENTATIVE / COUNSEL INFORMATION (If Represented)

15. IDAHO PRACTICE NOTES

• One-year deadline. Idaho Code § 67-5907 requires filing within 365 days of the most recent unlawful act. This is significantly more generous than the federal Title VII 180/300-day deadlines. To preserve parallel federal claims, file within 300 days.

• Five-employee threshold. IHRC has jurisdiction over employers with 5 or more employees per Idaho Code § 67-5902(6). For respondents with 5–14 employees, IHRC is the exclusive enforcement forum (EEOC cannot accept). Confirm employee count in the Charge.

• EEOC work-share. IHRC and EEOC operate a work-sharing agreement: filing with IHRC automatically dual-files with EEOC and vice versa. Always check the cross-filing box to preserve federal remedies (especially compensatory and punitive damages under 42 U.S.C. § 1981a, which exceed the IHRA's $1,000 punitive cap and lack the IHRA's 2-year back-pay limitation).

• No state-level SO/GI protection. The Idaho Human Rights Act does not enumerate sexual orientation or gender identity. For SO/GI charges, cross-file with EEOC and plead under Title VII's "sex" basis pursuant to Bostock v. Clayton County, 590 U.S. 644 (2020).

• Verification requirement. The Charge must be sworn under oath before a notary or otherwise verified pursuant to Idaho Code § 67-5907(2). An unverified intake questionnaire generally does not start the limitations clock — submit the formal verified charge promptly after intake.

• IHRC investigation. Under Idaho Code § 67-5906, IHRC has subpoena power and authority to investigate. Cooperate with the investigator, provide requested documents promptly, and request copies of Respondent's position statement.

• Administrative dismissal. If IHRC issues a notice of administrative dismissal under § 67-5907(6) (no probable cause, conciliation failure, or charging-party request), the 90-day clock to file civil suit in District Court begins to run.

• Public accommodation / housing / education. While most charges concern employment, IHRC also enforces § 67-5909 prohibitions in public accommodations, real property, and education. The same one-year filing rule applies.

• Confidentiality. Initial intake inquiries to IHRC are confidential. Respondent receives notice only after a formal verified Charge is filed.

• Tort Claims Act notice (governmental respondents). If the respondent is a public employer, comply with Idaho Code § 67-5907A and the Idaho Tort Claims Act (Title 6, Chapter 9) pre-suit notice requirements in addition to the IHRC charge.

16. SOURCES AND REFERENCES

• Idaho Human Rights Commission — File a Complaint — https://humanrights.idaho.gov/idaho-law/contexts/file-a-complaint/
• IHRC Contact Page — https://humanrights.idaho.gov/contact-us/
• 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 § 67-5906 (Powers and duties) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5906/
• Idaho Code § 67-5907 (Complaints; one-year deadline) — 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 § 67-5911 (Retaliation) — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/
• Idaho Code Chapter 59, full PDF — https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title67/T67CH59.pdf
• EEOC FEPA / Dual Filing Information — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing
• EEOC How to File a Charge — https://www.eeoc.gov/how-file-charge-employment-discrimination
• Stout v. Key Training Corp., 144 Idaho 195 (2007) (attorney-fee availability under § 67-5908)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII sex / SO-GI)
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)

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 Charge before filing. IHRC procedures, forms, and addresses change; verify current requirements with the Commission directly at https://humanrights.idaho.gov/ or (208) 334-2873 before filing.