Conducting a Lawful
Employment Interview

I-81-12 (R 9/98)

Idaho Commerce & Labor
Idaho Human Rights Commission


Note: This article is intended for guidance only and should not be used as a substitute for specific legal advice. If legal advice is required, an attorney should be consulted.

Table of Contents

Lawful Employment Interviewing

Commonly Asked Questions by Employers

Other Issues to Consider When Interviewing

Pre-Employment Inquiries Guide

Applicants with Disabilities

Post-Interview Suggestions

Lawful Employment Interviewing

Interviewing prospective employees is one of the most important activities employers do. The employer’s objective of an interview is to determine whether an applicant is suitable for an available position. The interview provides the employer an opportunity to obtain in-depth information about a job applicant’s skills, work history, and employment background for this purpose. However, despite the employer’s need for specific information the interviewer should avoid asking discriminatory questions, or base an evaluation of the applicant on criteria that is of a discriminatory nature. Because many discrimination complaints and lawsuits filed against employers stem from interviewing situations, this guide has been created to aid employers in conducting a lawful employment interview.*


Governmental Agencies and the Laws They Enforce

There are two government agencies in Idaho charged with the responsibility of enforcing anti-discrimination laws regarding the hiring practices of employers. On the federal level the Equal Employment Opportunity Commission (EEOC) enforces federal EEO laws, which include Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA) and the Americans With Disabilities Act (ADA). On the state level the Idaho Human Rights Commission (IHRC) enforces state EEO laws including the Idaho Human Rights Act (IHRA), Title 67, chapter 59 and Title 44, chapter 17 of the Idaho Code. These agencies have a worksharing agreement and work cooperatively to resolve complaints that are jurisdictional under both state and federal law.


Defining Discrimination

Before an employer can avoid or remedy discriminatory interviewing practices the employer must understand exactly what discrimination is. There are two types of discrimination that can occur in the course of the interviewing process: direct discrimination, and adverse impact.


Direct Discrimination

Direct discrimination means different or "disparate" treatment between applicants because of some type of classification. Example- when persons are treated differently because of their race, sex, age, religion, color, national origin or disability. Title VII and the IHRA prohibit purposeful or direct discrimination. As a result of those laws both blacks and whites can be victims of race discrimination, and both women and men can be victims of sex discrimination. Title VII and the IHRA prohibit discrimination in all areas of the employment relationship between the employer and the employee including hiring, firing, promotions, wages, job assignments, fringe benefits and other terms and conditions of employment. All private employers with 15 or more employees, as well as all federal, state and local government employers are subject to Title VII’s discrimination prohibitions. All private employers with five or more employees, as well as all employers who contract with the state are subject to the IHRA. The bottom line for Idaho employers is that with the limited exception of bona fide occupational qualifications (explained in the "Commonly Asked Questions" section of this pamphlet), a person should not be hired or rejected because of his or her race, sex, age, religion, color, national origin or disability.

Adverse Impact

Another type of discrimination occurs when neutral conduct has an adverse impact on groups protected by law. Example- when employers do not necessarily intend to exclude people of a particular race, sex, religion, color, national origin or disability, but they engage in practices that have the effect of doing so. Title VII and the IHRA prohibit employment procedures that have an adverse impact against members of a protected group. For example, requiring applicants to be at least 5’9" tall has an adverse effect against women, Asian Americans, and Hispanics who are generally shorter than white males. This means that a disproportionately higher percentage of applicants from these groups will be rejected from employment simply because they are too short. An employer engaged in this type of selection procedure is practicing discriminatory hiring practices, even if done unknowingly. Such an employer is in violation of EEO and IHRC laws unless the height requirement is a bona fide occupational qualification (which is discussed in the next section). The important lesson to learn from this example is that any selection procedure used by an employer must be carefully monitored for any adverse impact on applicants of a particular race, sex, age, religion, color, national origin, or disability


Commonly Asked Questions by Employers

The following questions and answers are designed to help in the practical application of current EEO and IHRC laws and regulations.

Under federal and state EEO laws, very few questions are expressly prohibited. In practice, however, the EEOC and the IHRC have stated that their responsibility to promote equal employment opportunities compels them to look with "extreme disfavor" on employment inquiries regarding an applicant’s race, sex, age, religion, color, national origin or disability.

The EEOC, IHRC and the courts have found that many of these types of inquiries violate EEO laws because they either directly discriminate against or adversely affect the employment opportunities of minorities and women. The one exception to this type of violation occurs only when a specific characteristic of a person is a bona fide occupational qualification (BFOQ).

A characteristic is a BFOQ when it is necessary for the performance of a particular job. For example, gender may be a BFOQ in the hiring of a men’s room attendant, an actress, or a model. Additionally, religion may be a BFOQ for some positions in an organization sponsored by a religious group. However, EEO laws have narrowly construed legitimate BFOQ characteristics, so an employer must be sure that any specific qualifications imposed for a job are significantly related to job performance. In essence, the employer must show that the qualification required for the job is necessary for the performance of the job. Race is never a BFOQ.

Understanding what discrimination is should help a great deal in this area. Additionally, answering the following questions should help employers avoid most discriminatory inquiries during the pre-employment interview: Do my questions tend to have the effect of screening out persons in protected groups? Is the information I have requested really necessary to judge the individual’s competence for the performance of this particular job?

There are a number of areas where great caution should be used in making pre-employment inquiries. Whether asked on an application form or in an interview, the EEOC and IHRC will consider questions on the subjects listed below as evidence of discrimination, unless the employer is able to show that the inquiries are job-related or that there is a business necessity for asking the question.

  1. Arrest records.
  2. Garnishment records.
  3. Marital status.
  4. Child-care provisions.
  5. Contraceptive practices -- questions such as "What kind of birth control method do you use?"
  6. Pregnancy and future childbearing plans.
  7. Physical or mental disabilities.
  8. Height and weight.
  9. Nationality, race or ancestry.

No, there are other questions that can, under certain circumstances, also be considered discriminatory. For example, asking whether an applicant has a high school diploma or a college degree is not discriminatory if the job really requires educational qualifications. However, the United States Supreme Court has explicitly affirmed EEOC guidelines that prohibit requiring a high school education as a condition of employment when there is no evidence that a high school education is required for performing that specific job. As a result, any employment requirements for a high school diploma or a college degree should be eliminated if these qualifications are not necessary for the specific job in question.

Other areas of potential discrimination include certain limiting physical requirements, availability for weekend work, friends or relatives working for the company, appearance standards, and fluency of the English language if no legitimate requirement for these qualifications is needed for performance of the job.

Yes, but only if they are really necessary for the particular job. The following guidelines should be helpful in this area:

It may be necessary for an employer to have this information, but Title VII requires that employers make reasonable accommodations for "an employee’s religious observance or practice without undue hardship on the conduct of the employer’s business." If weekend work questions are asked, the interviewer should indicate that reasonable efforts would be made to accommodate the religious needs of the employee. The interviewer should clearly state, however, that if accommodating the applicant’s religious needs places an undue hardship upon the employer, the applicant might be required to work in spite of his or her religious needs.


Terms like "undue" and "reasonable" are always subject to interpretation. As a result, the EEOC and the IHRC look at each case on an individual basis. Usually, the facts of the case reveal whether the employer has suffered an undue hardship in accommodating the employee’s religious needs. For example, if a Sabbath observance would prevent a prospective employee from working overtime on a Saturday, but the employee could be scheduled for Sunday overtime work with little trouble, the EEOC and IHRC would likely find that no undue hardship to the employer exists. In such a case the employer could not require the employee to work overtime on Saturday. Title VII requires only that employers make reasonable accommodations for "an employee’s religious observance or practices." As a result, the employer is not necessarily discriminating when a particular skill is necessary to the employer’s operation, the skill must be performed during the weekend, and the applicant is not hired because the applicant’s religious needs limit his or her weekend availability.

Although employers may adopt dress code policies suitable to various job categories and may insist that employees present a neat, clean appearance, certain grooming or appearance standards may be found to violate Title VII and the IHRA. For example, an employer may violate Title VII by rejecting job applicants because of their appearance or manner of speech if the applicant’s appearance and manner of speech are representative of a particular racial or ethnic group. The safest ground for an employer is to simply base all employment decisions upon the applicant’s qualifications and not on his or her appearance.

Questions about military experience or training are generally permissible. However, the interviewer should not ask an individual about the type of discharge he or she received from the military.

The information should be obtained only after the applicant has been hired, rather than during a pre-employment interview. In those instances where employers may be required to keep data on the race, sex, etc. of job applicants, a separate self-identification form should be used. Employers should keep those records separate from the employment application and the records should not be used as part to the decision making process.

Yes, and the interviewer should inform the applicant that the employer will check the references he or she supplied. However, neither the interviewer nor the application form should ask for credit references. The EEO maintains that inquiries about credit ratings generally are discriminatory, since minorities have a higher percentage of poor credit ratings.

Yes. Temporary workers are generally covered under the anti-discrimination statutes. This is because they typically qualify as "employees" of the temporary firm, the client to whom they are assigned, or both. Thus, temporary firms and the clients to whom they assign workers may not discriminate against the workers on the basis of race, sex, age, religion, color, national origin or disability.

No. Individuals who currently use drugs illegally are specifically excluded from the ADA’s protections against discrimination. However, the ADA does not exclude:

Yes, but keep in mind, as with all pre-employment screenings, an employer should ensure that all applicants for a position are subjected equally to the screening device, whether or not they are members of a "protected class." Idaho employers interested in drug and alcohol testing guidelines should review Idaho Code sections 72-1700 through 72-1715. Also it should be noted that this is one area when the laws governing public employers may differ from the law governing private employers because of certain constitutional provisions that apply only to public employers.

Yes. The legislative history and the United States Supreme Court indicate that Congress intended ADA to protect persons with AIDS and HIV from discrimination.

Discrimination laws do not require an employer to practice "affirmative action" which means giving preferential hiring treatment to minorities in order to remedy an imbalance in an employer’s work force. Further, the law does not require that a less qualified minority be preferred over a better-qualified non-minority. In fact, such a hiring practice, without a court order or a plan designed to redress past discrimination that is documented, could be a violation of Title VII and the IHRA and could result in a "reverse discrimination" lawsuit, especially against public employers because of constitutional restrictions imposed on them.

On the other hand, many employers who contract with the federal government may be required to take affirmative action. Additionally, other employers write voluntary affirmative action plans in order to redress the effects of past discrimination whether intended or unintended. Overall, the safest ground for an employer is to simply hire the applicant who is the best qualified for the available job.

Rejection of an applicant because of poor credit ratings has an adverse impact on minority groups and may be illegal. As a result, inquiries about bankruptcy, car ownership, rental or ownership of a house and past garnishment of wages should be avoided during a pre-employment interview.



Other Issues to Consider When Interviewing


The law prohibits employers from using pregnancy as a reason for rejecting applicants for employment. The basic rules that employers must understand are that:

  1. The employer may not reject an applicant merely because she is pregnant.
  2. Example: You are interviewing for a position and find that one of the applicants is pregnant. You may be reluctant to hire her because you know that in a few months she will be off the job due to pregnancy. If the absence could be accommodated and would not prevent satisfactory performance of the duties of the job, you must give her full consideration for employment. (Note: Pregnancy does not trigger the ADA, but you may be required to accommodate pregnancy if you also accommodate other temporary medical conditions.)

  3. The employer may reject an applicant if pregnancy prevents her from satisfactorily performing the duties of the job.
  4. Example: You are hiring for a position that requires extensive standing, lifting, or other significant physical tasks or activities which a pregnant applicant may be unable to perform because of her pregnancy. In this situation, it is appropriate for the interviewer to describe the physical requirements of the position and ask the applicant to obtain verification from her physician that she could safely perform these duties.

  5. The burden is on the employer to prove that the applicant would be unable to perform the duties of the job due to pregnancy. When in doubt, contact an attorney or the IHRC for consultation and guidance.


Health Status or Disability

It is not appropriate for an employer to screen out otherwise qualified applicants on the assumption that they will not meet certain physical standards. A disability is irrelevant unless it prohibits satisfactory job performance. Additionally, an employer is required to make "reasonable accommodations" for applicants with disabilities.

An employer should be concerned only with the applicant’s current ability to perform the essential functions of the job with or without reasonable accommodation.


Police Records

An employer should not automatically assume that applicants who have a police record are not capable of doing the job. A fair opportunity should be given to applicants to prove their merit even though they may have a police record. An "arrest" is not relevant and a "conviction" may or may not be relevant to the particular job in question. Each case must be weighed on its own merits.


Inquiries About the Applicant’s Work Habits and Standards

Employers need to make judgments about whether an applicant will fit into the company and have the proper work habits and standards to do the job. Employers often wonder how to get information during the pre-employment interview that will help them in making this judgment without asking discriminatory questions. This problem often occurs during an interview when the employer’s concerns are addressed in a way that is potentially discriminatory. The following three examples illustrate both a discriminatory and a non-discriminatory way for an employer to obtain this type of information:

  1. EMPLOYER WANTS TO KNOW if the applicant will stay with the company for a reasonable time.
  2. Do not assume that women will be less stable or that a minority group member will be apt to move.

    Do not ask questions about marital status, age of children, childbearing plans, spouse’s occupation, and spouse’s career plans.

    Do ask applicants if there is any reason why they would not stay with the company for a certain period of time if hired. It is usually a good idea to explain to the applicant the company’s need for long-term employees. This approach is recommended even when an applicant is obviously pregnant because many women successfully combine parenting with a career. If the women states that she plans to stay with the company, believe her.

  3. EMPLOYER WANTS TO KNOW if the applicant will be prone to be absent or tardy.
  4. Do not assume that women and minorities will have a higher absenteeism and/or tardiness rate than other employees.

    Do not ask the applicant to state the ages or the number of children the applicant has as a means of determining whether absenteeism due to domestic matters might be a problem.

    Do not inquire about the applicant’s child care arrangements.

    Do ask all applicants if there is any reason why, if hired, the company could not expect them to be punctual and have good attendance.

    Do ask for a history of these matters at places of prior employment as a means of determining the applicant’s attendance habits. Supervisors with a legitimate business need to control tardiness and excessive absenteeism are not violating the law if they refuse to hire applicants having a history of poor attendance. An employer has a legitimate right to expect employees to show up for work.

  5. EMPLOYER WANTS TO KNOW about the character of the job applicant.

Do not ask applicants about their religion or frequency of attendance at religious meetings.

Do not ask for recommendations from religious leaders or ask applicants if they used a church job referral service.

Do not ask applicants if they are comfortable working with persons of a particular religion.

Do not ask about arrest records.

Do ask applicants if they can live up to the strict code of professional behavior the company maintains while employees are both in the office and when they are in the field.

Do ask for character references.

Do check all references.

Do ask if applicants have been convicted of any crime and, if so, what, when and where. Supervisors are not violating the law if they screen out applicants with a verifiable and pertinent record of dishonesty. In fairness to the applicants, however, the employer should consider the kind of violation and how long ago it occurred before disqualifying an applicant for this reason. For instance, a reckless driving conviction is not job-related for a bank teller opening, but it is for a position as a school bus driver.

General Interviewing Cautions

Do not ask discriminatory questions: Any questions regarding race, religion, age, ethnic group, national origin or ancestry, political beliefs or affiliations, or disability may be discriminatory and should be avoided. Also be careful not to ask any questions that could be construed as implying such discrimination. For example, questioning an applicant about the origin of an unusual surname could be misconstrued. Therefore, it is best to avoid such questions. Some applicants volunteer information on items such as church service or national origin. This information should be pursued only if it is job-related, such as demonstrating bilingual skills.

Do not ask personal questions: Be especially wary of this during the first few moments of the interview when the interviewer and the applicant are establishing rapport. Likewise, inquiries concerning marital status, number of children, spouse’s occupation, etc., should be omitted from the employment application because they are not job-related. This information could be needed upon hiring. Therefore, the time to obtain this information is after the job offer has been accepted.

Do not allow false notions to influence your decision: Neat grooming is not an assurance of an efficient job performance. Additionally, age is not necessarily related to maturity in attitude or ability. Likewise, a firm handshake does not guarantee strong character. Having hiring standards that are not job-related such as these will make your interview invalid. Furthermore, if these standards automatically screen out applicants whose speech, dress, hair length, social status, or personal lifestyle differs from that of the employer or the employer’s staff, the employer is in jeopardy of being faced with a discrimination lawsuit. Finally, do not assume that an applicant who earned a higher salary elsewhere would be discontented with a lower paying job.

Beware of tendencies toward stereotyped thinking: Misconceptions concerning the physical, emotional or mental capabilities of women, older workers, minorities or disabled persons abound. The ability to adapt quickly to new jobs and accept the strain of increased responsibility is strictly an individual matter. The principle of nondiscrimination requires that individuals be considered on the basis of individual capacity, not on the basis of any characteristics generally attributed to the group.

Keep the conversations during the interview on job-related items: Appropriate areas of conversation during the interview include the job itself, its duties and responsibilities. Additionally, the organization, its missions, programs, and achievements are all job related. It is especially appropriate to talk about career possibilities and opportunities for growth, development, and advancement, which the job offers. Other topics such as where the job is located, travel, mobility, equipment and facilities available are also pertinent. Finally, the individual’s qualifications, abilities, experience, education, and interests are all suitable topics of conversation during the interview. Ask only for information you intend to use in making a hiring decision. Know how you will use the information to make that decision. Recognize that it is difficult to defend the practice of seeking information that is not job-related.


Practical Tips

To avoid the pitfalls of the employment interview, employers should take the following steps:


Pre-Employment Inquiries Guide

The following guide has been created to aid Idaho employers in developing acceptable interview and application questions.









"If hired, can you provide proof that you are of legal age?"


Any questions which tend to identify applicants over 40 years of age.

"What is your age?"

"What is your date of birth?"

"When did you graduate from high school?"






Birthplace of applicant.

Birthplace of applicant’s parents, spouse or other relatives.

Requirement that applicant submit a birth certificate, naturalization or baptismal record.


Citizenship or Employment Eligibility (Immigration Status)


"Can you, after employment, submit documents of proof that you are eligible to work in the U.S.?"


"Are you a U.S. citizen?"

Requirement that applicant produce his naturalization papers or "green card."


Convictions or Arrests


"Have you ever been convicted of a crime?" (The application form or interviewer should provide, immediately following the question, that the conviction does not constitute an automatic bar to employment and the seriousness of the crime and the date of the convictions will be considered.)


"Have you ever been arrested?"

"Have you ever been charged with a crime?"


Economic Status


"What is your present address?"


"Do you own a residence?"

"Do you own a car?"




Applicant’s academic, vocational, or professional rating.

"What is your educational background?"

"What schools did you attend?"


Date last attended high school.

"Are you a high school graduate?"

"Are you a college graduate?"

(These questions may be asked if having a high school or college diploma is a BFOQ.)




Applicant’s work experience.

Applicant’s military experience in armed forces of the U.S. or in a state militia.


Type of discharge applicant received from the military.


Height and Weight




"What is your height?"

"What is your weight?"


Marital Status and Pregnancy




"What does your husband do?" "Are you divorced?" "Are you pregnant?" "Do you intend to have children?" "How many children do you have, and who takes care of them?" (Pre-employment inquiries as to marital, parental or family status.)










"For the purposes of checking your references have you worked for our company or any of your job references under a different name?"


"Have you ever changed your name and if so why?"


National Origin or Ancestry


Language applicant reads, speaks or writes fluently. (If such can be useful or is required on the job.)


Applicant’s nationality, lineage, ancestry, national origin, decent or parentage. Date of arrival in U.S. or port of entry, or how long a resident. Nationality of applicant’s parents or spouse. Maiden name of applicant’s wife or mother. Language commonly used by applicant.


Notice in Case of Emergency


Name and phone of person to be notified in case of emergency.






Job-related organizations, professional societies or other associations of which applicant is a member (excluding any names the character of which indicate the race, etc., of its members).


"List all organizations, clubs, societies, and lodges to which you belong."




Statement that photographs may be required after employment (if needed for security purposes.)


Requirement that applicant affixes a photograph to the application form.

Request applicant to submit a photograph.

Requirement of photograph after interview but before hiring.


Physical Abilities


Statement of the job functions, then: "Are you able to perform these tasks with or without an accommodation?"

"How would you perform the task, and with what accommodation(s)?"


"Do you have any physical or mental disabilities?"

Questions on general medical condition.

Inquiries as to receipt of Worker’s Compensation.


Race or Color




Complexion, color of skin, or other questions directly or indirectly indicating race or color.




"List references who can confirm your job-related training and experience."


Requirement of submission of a religious reference.




Names of applicant’s relatives already employed by the company (applicable to nepotism policies.)


Marital status or number of dependants.

Name or address of spouse.

"With whom do you reside?"






Applicant’s religion.

"Do you attend religious services?"


Work Days


Statement by employer of regular days, hours, or shifts to be worked.

"Can you normally work these hours?"

Can you do extensive traveling?" (If required by the job.)

NOTE: An employer must accommodate the religious beliefs of an applicant unless the accommodation creates a hardship for the employer.


Any questions which would tend to identify an applicant’s religious affiliation.


Applicants with Disabilities

With the above guidelines in mind, the next area for employers to consider is interviewing applicants with disabilities. The Americans with Disabilities Act (ADA) of 1990 and the IHRA prohibits employers from discriminating against job applicants with disabilities when making employment decisions. The ADA and the IHRA require employers to provide reasonable accommodations for the known disabilities of a qualified employee as long as the accommodations do not place an undue hardship on the employer. Further, an employer may not refuse to hire a disabled applicant just to avoid making an accommodation.

Discrimination against individuals with disabilities in an employment context generally takes place on application forms and in pre-employment interviews that inquire into the existence of a disability rather than an applicant’s ability to perform the essential functions of a job. Employers in Idaho need to understand the reasonable accommodation process and know how to utilize referral sources. Employers should review their individual feelings towards people with disabilities. Additionally, employers should have a clear understanding of their responsibilities to applicants with disabilities as stated in the ADA and the IHRA.


Accommodations for Disabled Applicants

The ADA and the IHRA require employers to provide accommodations if needed by a disabled applicant to enable the applicant to have an equal opportunity in the interview process. Accommodations for interviewing that meet the ADA’s and the IHRA’s requirements include:


Disabled Applicant Information That Employers May Request

The overall goal of an interview is to find an individual who will be able to perform the job available. Thus, the interviewer may and should ask questions to determine whether a disabled applicant can perform specific job functions. The key is that the interview questions should focus on the applicant’s ability to perform the job, not on the applicant’s disability. Therefore the applicant could be asked the following questions:


Questions That Should Not be Asked of Disabled Applicants

The following list provides examples of the types of questions interviewers should avoid when interviewing applicants so as to avoid asking inappropriate questions to applicants who may have a disability that is not readily apparent.

  1. Have you ever been treated for any of the following conditions or diseases? (Followed by a checklist of various conditions or diseases.)
  2. Please list any conditions or diseases for which you have been treated in the past 3 years.
  3. Have you ever been hospitalized? If so, for what condition?
  4. Has a psychiatrist or psychologist ever treated you? If so, for what condition?
  5. Have you ever been treated for any mental condition?
  6. Is there any health-related reason you may not be able to perform the job for which you are applying?
  7. Have you had a major illness in the last five years?
  8. How many days were you absent from work because of illness last year?
  9. Do you have any physical defects, which preclude you from performing certain kinds of work? If yes, describe such defects and specific work limitations.
  10. Do you have any disabilities or impairments that may affect your performance in the position for which you are applying? (This question should not be asked even if the applicant is requested in a follow-up question to identify accommodations that would enable job performance.)
  11. Are you taking any prescribed drugs?
  12. Have you ever been treated for drug addition or alcoholism?
  13. Have you ever filed for workers’ compensation insurance?
  14. Will you need or request leave for medical treatment or for other reasons related to a disability.


Post-Interview Suggestions

The risk of being faced with a discrimination lawsuit does not end when the interviewing process is over. For that reason this section on post-interview suggestions has been created to aid Idaho employers in avoiding potential problem areas of conduct after the interview.

Idaho Code 44-201 makes it unlawful for any employer to maintain a blacklist, or to notify any other employer that any current or former employee has been blacklisted by the employer, for the purpose of preventing such employee from receiving employment. This chapter further provides that an employer who in good faith provides information about the job performance, professional conduct, or evaluation of a former or current employee to a prospective employer of that employee, at the request of the prospective employer of that employee, or at the request of the current or former employee, may not be held civilly liable for the disclosure or the consequences of providing the information











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Boise, ID 83720-0040

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Fax (208) 334-2664








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Boise, ID 83735


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Costs associated with this publication may be obtained pursuant to IC § 60-202 from the Idaho Commerce & Labor or the Idaho Human Rights Commission.




NOTE: This article is intended for guidance only and should not be used as a substitute for specific legal advice. If legal advice is required, an attorney should be consulted.