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The Idaho Human Rights Act is Long Overdue for a Legislative Update

The Advocate
2021
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Article Description

The Idaho Human Rights Act (“IHRA”) needs attention. The Idaho Legislature has not made a meaningful amendment to the Act since 2005, when it expanded protections for persons with disabilities.1 It has neglected to update the IHRA after landmark federal enactments such as the Pregnancy Discrimination Act of 1978, the Civil Rights Act of 1991, the Lilly Ledbetter Fair Pay Act of 2009, and the Americans with Disabilities Act Amendments Act of 2008. The statutory disconnect created by this legislative lapse has magnified the importance of how courts apply federal case law to the IHRA, particularly in light of the Act's stated purpose found in Section 67-5901(1), Idaho Code:“[t]o provide for execution within the state of the policies embodied in the federal Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1967, as amended, and Titles I and III of the Americans with Disabilities Act.”

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