Text of ID S 1196 (2016)

LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature Second Regular Session - 2016 IN THE SENATE SENATE BILL NO. 1196 BY BUCKNER-WEBB AND BURGOYNE AN ACT 1 RELATING TO CIVIL RIGHTS; AMENDING SECTION 67-5901, IDAHO CODE, TO PROVIDE 2 THAT FREEDOM FROM DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GEN- 3 DER IDENTITY IS A CIVIL RIGHT; AMENDING SECTION 67-5902, IDAHO CODE, TO 4 PROVIDE ADDITIONAL DEFINITIONS; AND AMENDING SECTION 67-5909, IDAHO 5 CODE, TO PROHIBIT DISCRIMINATION AGAINST A PERSON BECAUSE OF SEXUAL 6 ORIENTATION OR GENDER IDENTITY AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 67-5901, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-5901. PURPOSE OF CHAPTER. The general purposes of this chapter are: 11 (1) To provide for execution within the state of the policies embodied 12 herein and in the federal Civil Rights Act of 1964, as amended, and the Age 13 Discrimination in Employment Act of 1967, as amended, and Titles I and III of 14 the Americans with Disabilities Act. 15 (2) To secure for all individuals within the state freedom from dis- 16 crimination because of race, color, religion, sex, sexual orientation, 17 gender identity, or national origin or disability in connection with em- 18 ployment, public accommodations, and real property transactions, discrim- 19 ination because of race, color, religion, sex, sexual orientation, gender 20 identity or national origin in connection with education, discrimination 21 because of age in connection with employment, and thereby to protect their 22 interest in personal dignity, to make available to the state their full pro- 23 ductive capacities, to secure the state against domestic strife and unrest, 24 to preserve the public safety, health, and general welfare, and to promote 25 the interests, rights and privileges of individuals within the state. 26 SECTION 2. That Section 67-5902, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 67-5902. DEFINITIONS. In this chapter, unless the context otherwise 29 requires: 30 (1) "Commission" means the commission on human rights created by this 31 chapter; 32 (2) "Commissioner" means a member of the commission; 33 (3) "Discriminatory practice" means a practice designated as discrimi- 34 natory under the terms of this chapter; 35 (4) "National origin" includes the national origin of an ancestor; 36 (5) "Person" includes an individual, association, corporation, joint 37 apprenticeship committee, joint-stock company, labor union, legal repre- 38 sentative, mutual company, partnership, any other legal or commercial en- 39 tity, the state, or any governmental entity or agency; 40 2 (6) "Employer" means a person, wherever situated, who hires five (5) 1 or more employees for each working day in each of twenty (20) or more calen- 2 dar weeks in the current or preceding calendar year whose services are to be 3 partially or wholly performed in the state of Idaho, except for domestic ser- 4 vants hired to work in and about the person's household. The term also means: 5 (a) A person who as contractor or subcontractor is furnishing material 6 or performing work for the state; 7 (b) Any agency of or any governmental entity within the state; and 8 (c) Any agent of such employer. 9 (7) "Employment agency" means a person regularly undertaking with or 10 without compensation to procure employees for an employer or to procure for 11 employees opportunities to work for an employer and includes an agent of such 12 a person; 13 (8) "Labor organization" includes: 14 (a) An organization of any kind, an agency or employee representation 15 committee, group, association, or plan in which employees participate 16 and which exists for the purpose, in whole or in part, of dealing with 17 employers concerning grievance, labor disputes, wages, rates of pay, 18 hours, or other terms or conditions of employment; 19 (b) A conference, general committee, joint or system board, or joint 20 council which is subordinate to a national or international labor or- 21 ganization; or 22 (c) An agent of a labor organization. 23 (9) "Place of public accommodation" means a business, accommodation, 24 refreshment, entertainment, recreation, or transportation facility of any 25 kind, whether licensed or not, whose goods, services, facilities, privi- 26 leges, advantages or accommodations are extended, offered, sold, or other- 27 wise made available to the public; 28 (10) "Educational institution" means a public or private institution 29 and includes an academy, college, elementary or secondary school, extension 30 course, kindergarten, nursery, school system, or university and a business, 31 nursing, professional, secretarial, technical, or vocational school and in- 32 cludes an agent of an educational institution; 33 (11) "Real property" includes buildings, structures, real estate, 34 lands, tenements, leaseholds, interests in real estate cooperatives, con- 35 dominiums, and hereditaments, corporeal and incorporeal or any interest 36 therein; 37 (12) "Real estate transaction" includes the sale, exchange, rental or 38 lease of real property; 39 (13) "Housing accommodation" includes any improved or unimproved real 40 property, or part thereof, which is used or occupied, or as the home or resi- 41 dence of one (1) or more individuals; 42 (14) "Real estate broker or salesman" means a person, whether licensed 43 or not, who, for or with the expectation of receiving a consideration, lists, 44 sells, purchases, exchanges, rents, or leases real property, or who negoti- 45 ates or attempts to negotiate any of these activities, or who holds himself 46 out as engaged in these activities, or who negotiates or attempts to negoti- 47 ate a loan secured or to be secured by mortgage or other encumbrance upon real 48 property, or who is engaged in the business of listing real property in a pub- 49 lication; or a person employed by or acting on behalf of any of these; 50 3 (15) "Disability" means a physical or mental condition of a person, 1 whether congenital or acquired, which constitutes a substantial limitation 2 to that person and is demonstrable by medically accepted clinical or lab- 3 oratory diagnostic techniques. A person with a disability is one who (a) 4 has such a disability, or (b) has a record of such a disability, or (c) is 5 regarded as having such a disability; 6 (16) "Reasonable accommodation" means an adjustment which does not 7 (a) unduly disrupt or interfere with the employer's normal operations, (b) 8 threaten the health or safety of the person with the disability or others, 9 (c) contradict a business necessity of the employer, or (d) impose undue 10 hardship on the employer based on the size of the employer's business, the 11 type of business, the financial resources, and the estimated cost and extent 12 of the adjustment; 13 (17) "Readily achievable" means easily accomplishable and able to be 14 carried out without much difficulty or expense. In determining whether 15 an action is readily achievable, factors to be considered include (a) the 16 nature and cost of the action needed under this chapter, (b) the overall 17 financial resources of the facility or facilities involved in the action, 18 the number of persons employed at the facility, the effect on expenses and 19 resources, or the impact otherwise of the action upon the operation of the 20 facility, (c) the overall financial resources of the covered entity, the 21 overall size of the business of a covered entity with respect to the number 22 of its employees, the number, type, and location of its facilities, and (d) 23 the type of operation or operations of the covered entity, including the 24 composition, structure, and functions of the workforce of the entity, the 25 geographic separateness, administrative or fiscal relationship of the fa- 26 cility or facilities in question to the covered entity; 27 (18) "Gender identity" means a person's actual or perceived gender 28 identity, appearance, mannerisms or other characteristics, with or without 29 regard to the person's sex at birth; 30 (19) "Sexual orientation" means a person's actual or perceived orien- 31 tation as heterosexual, homosexual, bisexual or asexual. 32 SECTION 3. That Section 67-5909, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 67-5909. ACTS PROHIBITED. It shall be a prohibited act to discriminate 35 against a person because of, or on a basis of, race, color, religion, sex, 36 sexual orientation, gender identity or national origin, in any of the fol- 37 lowing subsections. It shall be a prohibited act to discriminate against a 38 person because of, or on the basis of, age in subsections (1), (2), (3) and 39 (4) of this section. It shall be a prohibited act to discriminate against a 40 person because of, or on the basis of, disability in subsections (1), (2), 41 (3) and (4) of this section, provided that the prohibition against discrim- 42 ination because of disability shall not apply if the particular disability, 43 even with a reasonable accommodation, prevents the performance of the work 44 required in that job, and in subsections (6), (8), (9), (10) and (11) of this 45 section. The prohibition to discriminate shall also apply to those individ- 46 uals without disabilities who are associated with a person with a disabil- 47 ity. 48 4 (1) For an employer to fail or refuse to hire, to discharge, or to other- 1 wise discriminate against an individual with respect to compensation or the 2 terms, conditions or privileges of employment or to reduce the wage of any 3 employee in order to comply with this chapter;. 4 (2) For an employment agency to fail or refuse to refer for employment, 5 or otherwise to discriminate against an individual or to classify or refer an 6 individual for employment;. 7 (3) For a labor organization: 8 (a) To exclude or to expel from membership, or to otherwise discrimi- 9 nate against, a member or applicant for membership,; 10 (b) To limit, segregate or classify membership, or to fail or refuse to 11 refer for employment, an individual in any way,: 12 1. Which would deprive an individual of employment opportuni- 13 ties,; or 14 2. Which would limit employment opportunities or adversely affect 15 the status of an employee or of an applicant for employment,; or 16 (c) To cause or attempt to cause an employer to violate this chapter. 17 (4) For an employer labor organization or employment agency to print 18 or publish or cause to be printed or published a notice or advertisement re- 19 lating to employment by the employer or membership in or a classification or 20 referral for employment by the labor organization, or relating to a clas- 21 sification or referral for employment by an employment agency, indicating 22 a preference, limitation, specification or discrimination; but a notice or 23 advertisement may indicate a preference limitation, specification, or dis- 24 crimination when such is a bona fide occupational qualification for employ- 25 ment;. 26 (5) For a person: 27 (a) To deny an individual the full and equal enjoyment of the goods, 28 services, facilities, privileges, advantages and accommodations of a 29 place of public accommodation,; or 30 (b) To print, circulate, post, or mail or otherwise cause to be pub- 31 lished a statement, advertisement or sign which indicates that the full 32 and equal enjoyment of the goods, services, facilities, privileges, ad- 33 vantages of a place of public accommodation will be refused, withheld 34 from, or denied an individual or that an individual's patronage of or 35 presence at a place of public accommodation is objectionable, unwel- 36 come, unacceptable, or undesirable. 37 (6) For a person who owns, leases or operates a place of public accommo- 38 dation: 39 (a) To deny an individual on the basis of disability the full and equal 40 enjoyment of the goods, services, facilities, privileges, advantages 41 or accommodations of a place of public accommodation; 42 (b) To impose or apply eligibility criteria that screen out or tend to 43 screen out an individual with a disability or any class of individuals 44 with disabilities from fully and equally enjoying any goods, services, 45 facilities, privileges, advantages or accommodations of a place of pub- 46 lic accommodation, unless such criteria can be shown to be necessary for 47 the provision of the goods, services, facilities, privileges, advan- 48 tages or accommodations being offered; 49 5 (c) To fail to make reasonable modifications in policies, practices, or 1 procedures when such modifications are necessary to afford such goods, 2 services, facilities, privileges, advantages, or accommodations to 3 individuals with disabilities, unless the entity can demonstrate that 4 making such modifications would fundamentally alter the nature of such 5 goods, services, facilities, privileges, advantages or accommoda- 6 tions; 7 (d) To fail to take such steps as may be necessary to ensure that no 8 individual with a disability is excluded, denied services, segregated 9 or otherwise treated differently than other individuals because of the 10 absence of auxiliary aids and services, unless the entity can demon- 11 strate that taking such steps would fundamentally alter the nature of 12 the goods, services, facilities, privileges, advantages, or accommoda- 13 tions being offered or would result in an undue burden; 14 (e) To fail to remove architectural barriers and communication barri- 15 ers that are structural in nature, in existing facilities and trans- 16 portation barriers in existing vehicles used by an establishment for 17 transporting individuals (not including barriers that can only be re- 18 moved through retrofitting of vehicles), where such removal is readily 19 achievable; or 20 (f) Where an entity can demonstrate that the removal of a barrier under 21 paragraph (e) of this subsection is not readily achievable, to fail to 22 make such goods, services, facilities, privileges, advantages or ac- 23 commodations available through alternative methods, if such methods 24 are readily achievable. 25 (7) For an educational institution: 26 (a) To exclude, expel, limit, or otherwise discriminate against an in- 27 dividual seeking admission as a student or an individual enrolled as a 28 student in the terms, conditions, and privileges of the institution, 29 or; 30 (b) To make or use a written or oral inquiry or form of application for 31 admission that elicits or attempts to elicit information, or to make or 32 keep a record, of an applicant for admission, except as permitted by the 33 regulations of the commission,; 34 (c) To print or publish or cause to be printed or published a catalogue 35 or other notice or advertisement indicating a preference, limitation, 36 specification, or discrimination of an applicant for admission,; or 37 (d) To announce or follow a policy of denial or limitation through a 38 quota or otherwise of educational opportunities of a group or its mem- 39 bers. 40 (8) For an owner or any other person engaging in a real estate transac- 41 tion, or for a real estate broker or salesman: 42 (a) To refuse to engage in a real estate transaction with a person,; 43 (b) To discriminate against a person in the terms, conditions or privi- 44 leges of a real estate transaction or in the furnishing of facilities or 45 services in connection therewith,; 46 (c) To refuse to receive or to fail to transmit a bona fide offer to en- 47 gage in a real estate transaction from a person,; 48 (d) To refuse to negotiate a real estate transaction with a person,; 49 6 (e) To represent to a person that real property is not available for in- 1 spection, sale, rental, or lease when in fact it is so available, or to 2 fail to bring a property listing to his attention, or to refuse to permit 3 him to inspect real property,; 4 (f) To print, circulate, post or mail or cause to be so published a 5 statement, advertisement or sign, or to use a form of application for a 6 real estate transaction, or to make a record or inquiry in connection 7 with a prospective real estate transaction, which indicates, directly 8 or indirectly, an intent to make a limitation, specification, or dis- 9 crimination with respect thereto,; 10 (g) To offer, solicit, accept, use or retain a listing of real property 11 with the understanding that a person may be discriminated against in a 12 real estate transaction or in the furnishing of facilities or services 13 in connection therewith,; or 14 (h) To refuse to permit, at the expense of a person with a disability, 15 reasonable modifications of existing premises occupied or to be oc- 16 cupied by such person if the modifications may be necessary to afford 17 such person full enjoyment of the premises. Provided, that in the case 18 of a rental, the landlord may, where it is reasonable to do so, condi- 19 tion permission for a modification on the renter agreeing to restore 20 the interior, exterior, or both, of the premises, to the condition that 21 existed before the modification, reasonable wear and tear excepted. 22 The provision for restoration shall be included in any lease or rental 23 agreement. 24 (9) For a person to whom application is made for financial assistance in 25 connection with a real estate transaction or for the construction, rehabili- 26 tation, repair, maintenance, or improvement of real property, or a represen- 27 tative of such a person: 28 (a) To discriminate against the applicant,; or 29 (b) To use a form of application for financial assistance or to make or 30 keep a record or inquiry in connection with applications for financial 31 assistance which indicates, directly or indirectly, an intent to make a 32 limitation, specification, or discrimination. 33 (10) To insert in a written instrument relating to real property a pro- 34 vision which purports to forbid or restrict the conveyance, encumbrance, oc- 35 cupancy or lease thereof;. 36 (11) For a person for the purpose of inducing a real estate transaction 37 from which he may benefit financially: 38 (a) To represent that a change has occurred or will or may occur in the 39 composition of the owners or occupants in the block, neighborhood, or 40 area in which the real property is located,; or 41 (b) To represent that this change will or may result in the lowering of 42 property values, an increase in criminal or antisocial behavior, or a 43 decline in the quality of schools in the block, neighborhood, or area in 44 which the real property is located. 45