Idaho Code
Idaho Code § 67-5908 (2026)
Procedure in district court.
✓ current as of May 2026
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Procedure in district court.
(1) Any action filed by the commission shall be heard by the district court unless either party shall move for a jury trial. Except as otherwise provided herein, the court shall hear the case and grant relief as in other civil actions. Any such action shall be brought in the name of the commission for the use of the person alleging discrimination or a described class, and the commission shall furnish counsel for the prosecution thereof. Any person aggrieved by the alleged discrimination may intervene in such an action.
(2) A complaint must be filed with the commission as a condition precedent to litigation. A complainant may file a civil action in district court within ninety (90) days of issuance of the notice of administrative dismissal pursuant to section 67-5907(6), Idaho Code.
(3) In a civil action filed by the commission or filed directly by the person alleging unlawful discrimination, if the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy or remedies therefor. Such remedies may include, but are not limited to:
(a) An order to cease and desist from the unlawful practice specified in the order;
(b) An order to employ, reinstate, promote or grant other employment benefits to a victim of unlawful employment discrimination;
(c) An order for actual damages including lost wages and benefits, provided that such back pay liability shall not accrue from a date more than two (2) years prior to the filing of the complaint with the commission or the district court, whichever occurs first;
(d) An order to accept or reinstate such a person in a union;
(e) An order for punitive damages, not to exceed one thousand dollars ($1,000) for each willful violation of this chapter.
(4) Any civil action filed by the commission under this section shall commence not more than one (1) year after a complaint of discrimination under oath is filed with the commission.
(5) In any civil action under this chapter, the burden of proof shall be on the person seeking relief.
Notes of Decisions
Cited in 20
cases (4 in the last 5 years), 1983–2025 · leading case: Stout v. Key Training Corp., 158 P.3d 971 (Idaho 2007).
Stout v. Key Training Corp., 158 P.3d 971 (Idaho 2007). “Idaho Code § 67-5908 (3) states: In a civil action filed by the commission or filed directly by the person alleging unlawful discrimination, if the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy or remedies therefor.”
O'DELL v. Basabe, 810 P.2d 1082 (Idaho 1991). “Idaho Code § 67-5908 (3), in listing the remedies available for violations of the Idaho Human Rights Act, provides that: *1097 [I]f the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy or remedies therefor.”
Bryant v. City of Blackfoot, 48 P.3d 636 (Idaho 2002). “Idaho Code § 67-5908 (2) provides, “A complaint must be filed with the commission as a condition precedent to litigation.”
Paterson v. State, 915 P.2d 724 (Idaho 1996). “Should the court find “that unlawful discrimination has occurred,” it may, among other remedies, enter “[a]n order for punitive damages, not to exceed one thousand dollars ($1,000) for each willful violation of this chapter.”
Black v. Ameritel Inns, Inc., 81 P.3d 416 (Idaho 2003). “Idaho Code § 67-5908 (2) (2002). The Commission dismissed their complaint.”
James v. KID Broad. Corp., 559 F. Supp. 1153 (D. Idaho 1983). “See Idaho Code § 67-5908 (1). There is a non-exhaustive list of available remedies in Idaho Code § 67-5908 (3) which includes punitive damages.”
Tammie Ackelson v. Manley Toy Direct, L.L.C. & Toy Network, L.L.C. v. Manley Toy Direct, L.L.C.. & Toy Network, L.L.C., 832 N.W.2d 678 (Iowa 2013). “§ 368-17(a) (1993); Idaho Code Ann. § 67-5908 (3)(e) (2006); Me.”
McWilliams v. Latah Sanitation, Inc., 554 F. Supp. 2d 1165 (D. Idaho 2008). “(citing I.C. § 67-5908(2)). Defendant points out that Plaintiffs initial charge of disability discrimination was not verified and that his claims under the ADA and IHRA were previously dismissed for this reason (Docket No.”
Jeremiah v. Yanke Mach. Shop, Inc., 953 P.2d 992 (Idaho 1998). “We hold that the trial court did not abuse its discretion in ruling that the IHRC determination and testimony from the director are special investigations within the meaning of Idaho Rule of Evidence 803(8)(D).”
Foster v. Shore Club Lodge, Inc., 908 P.2d 1228 (Idaho 1995). “DISTRICT COURT’S AWARD OF ATTORNEY FEES In its supplemental judgment for costs entered in May 1994 (which includes a Rule 54(b) certificate), the district court ruled that Foster’s claims against Manchester were brought and pursued without foundation and unreasonably, and…”
Frazier v. J.R. Simplot Co., 29 P.3d 936 (Idaho 2001). “On September 17, 1999, the Simplot Company moved for summary judgment based upon the two-year statute of limitations provided in Idaho Code § 67-5908 (2). 1 The Simplot Company based its motion primarily upon Frazier’s deposition testimony.”
Collier v. Turner Indus. Grp., LLC, 797 F. Supp. 2d 1029 (D. Idaho 2011). “I.C. § 67-5908(2). Further, the Idaho Supreme Court has interpreted it to that effect.”
— Idaho Code § 67-5908(1) — 1 case
Smith v. Glenns Ferry Hwy Dist (Idaho 2020).
— Idaho Code § 67-5908(2) — 8 cases
Bryant v. City of Blackfoot, 48 P.3d 636 (Idaho 2002). “Idaho Code § 67-5908 (2) provides, “A complaint must be filed with the commission as a condition precedent to litigation.”
McWilliams v. Latah Sanitation, Inc., 554 F. Supp. 2d 1165 (D. Idaho 2008). “(citing I.C. § 67-5908(2)). Defendant points out that Plaintiffs initial charge of disability discrimination was not verified and that his claims under the ADA and IHRA were previously dismissed for this reason (Docket No.”
Jeremiah v. Yanke Mach. Shop, Inc., 953 P.2d 992 (Idaho 1998). “We hold that the trial court did not abuse its discretion in ruling that the IHRC determination and testimony from the director are special investigations within the meaning of Idaho Rule of Evidence 803(8)(D).”
Collier v. Turner Indus. Grp., LLC, 797 F. Supp. 2d 1029 (D. Idaho 2011). “I.C. § 67-5908(2). Further, the Idaho Supreme Court has interpreted it to that effect.”
Collier v. Turner Indus. Grp., L.L.C., 797 F. Supp. 2d 1029 (D. Idaho 2011).
— Idaho Code § 67-5908(3) — 3 cases
Stout v. Key Training Corp., 158 P.3d 971 (Idaho 2007). “Idaho Code § 67-5908 (3) states: In a civil action filed by the commission or filed directly by the person alleging unlawful discrimination, if the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy or remedies therefor.”
O'DELL v. Basabe, 810 P.2d 1082 (Idaho 1991). “Idaho Code § 67-5908 (3), in listing the remedies available for violations of the Idaho Human Rights Act, provides that: *1097 [I]f the court finds that unlawful discrimination has occurred, its judgment shall specify an appropriate remedy or remedies therefor.”
Paterson v. State, 915 P.2d 724 (Idaho 1996). “Should the court find “that unlawful discrimination has occurred,” it may, among other remedies, enter “[a]n order for punitive damages, not to exceed one thousand dollars ($1,000) for each willful violation of this chapter.”
— Idaho Code § 67-5908(3)(c) — 1 case
Smith v. Glenns Ferry Hwy Dist (Idaho 2020).
— Idaho Code § 67-5908(3)(e) — 1 case
Paterson v. State, 915 P.2d 724 (Idaho 1996). “Should the court find “that unlawful discrimination has occurred,” it may, among other remedies, enter “[a]n order for punitive damages, not to exceed one thousand dollars ($1,000) for each willful violation of this chapter.”
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