Idaho Code
Idaho Code

Idaho Code § 44-1702 (2026)

Discriminatory payment of wages based upon sex prohibited. 

✓ current as of May 2026
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Discriminatory payment of wages based upon sex prohibited. 

(1) No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, are not within this prohibition.

(2)  No person shall cause or attempt to cause an employer to discriminate against any employee in violation of this act.
(3)  No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this act.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1974–2024 · leading case: Perkins v. U.S. Transformer West, 974 P.2d 73 (Idaho 1999).
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Perkins v. U.S. Transformer West, 974 P.2d 73 (Idaho 1999). · cites it 4× “§ 67-5909(1) and I.C. § 44-1702; a third asserted discrimination regarding the terms, conditions and privileges of employment under I.”
Mundell v. Acadia Hosp. Corp., 92 F.4th 1 (1st Cir. 2024). “See Idaho Code § 44-1702 ; S.D. Codified Laws §§ 60-12-15 to -16; Ky.”
Idaho Trailer Coach Ass'n v. Brown, 523 P.2d 42 (Idaho 1974). · cites it 6× “Bartlett Brown as Commissioner of Labor in the Idaho Department of Labor was named as a defendant, because he has responsibility for enforcing I.C. § 44-1702 which forbids wage discrimination on the basis of sex in jobs which have comparable requirements by also seeking…”
Blasch v. HP, Inc. (Idaho 2024). · cites it 2× “I.C. § 44-1702(1) (emphasis added). When wages are paid in paychecks—as Blasch’s wages were paid—we hold that the proper point of accrual for claims arising under the IEPA is when the employee receives a discriminatory paycheck.”
— Idaho Code § 44-1702(1) — 1 case
Blasch v. HP, Inc. (Idaho 2024). “I.C. § 44-1702(1) (emphasis added). When wages are paid in paychecks—as Blasch’s wages were paid—we hold that the proper point of accrual for claims arising under the IEPA is when the employee receives a discriminatory paycheck.”
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