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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1228
BY
WINTROW
AN
ACT
1
RELATING
TO
CIVIL
RIGHTS;
AMENDING
SECTION
67
-
5901,
IDAHO
CODE,
TO
PRO
-
2
VIDE
THAT
FREEDOM
FROM
DISCRIMINATION
BECAUSE
OF
SEXUAL
ORIENTATION
3
OR
GENDER
IDENTITY
IS
A
CIVIL
RIGHT
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
4
AMENDING
SECTION
67
-
5902,
IDAHO
CODE,
TO
DEFINE
TERMS
AND
TO
MAKE
TECH
-
5
NICAL
CORRECTIONS;
AMENDING
SECTION
67
-
5909,
IDAHO
CODE,
TO
PROHIBIT
6
DISCRIMINATION
AGAINST
A
PERSON
BECAUSE
OF
SEXUAL
ORIENTATION
OR
GENDER
7
IDENTITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
8
AND
PROVIDING
AN
EFFECTIVE
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Section
67
-
5901,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
67
-
5901.
PURPOSE
OF
CHAPTER.
The
general
purposes
of
this
chapter
are:
13
(1)
To
provide
for
execution
within
the
state
of
the
policies
embodied
14
in
this
section,
in
the
federal
Civil
Rights
Act
of
1964,
as
amended,
and
the
15
Age
Discrimination
in
Employment
Act
of
1967,
as
amended,
and
Titles
I
and
16
III
of
the
Americans
with
Disabilities
Act.
17
(2)
To
secure
for
all
individuals
within
the
state
freedom
from
dis
-
18
crimination
because
of
race,
color,
religion,
sex
,
sexual
orientation,
gen
-
19
der
identity,
or
national
origin
,
or
disability
in
connection
with
employ
-
20
ment,
public
accommodations,
and
real
property
transactions,
discrimina
-
21
tion
because
of
race,
color,
religion,
sex
,
sexual
orientation,
gender
iden
-
22
tity,
or
national
origin
in
connection
with
education,
discrimination
be
-
23
cause
of
age
in
connection
with
employment,
and
thereby
to
protect
their
in
-
24
terest
in
personal
dignity,
to
make
available
to
the
state
their
full
produc
-
25
tive
capacities,
to
secure
the
state
against
domestic
strife
and
unrest,
to
26
preserve
the
public
safety,
health,
and
general
welfare,
and
to
promote
the
27
interests,
rights
,
and
privileges
of
individuals
within
the
state.
28
SECTION
2.
That
Section
67
-
5902,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
67
-
5902.
DEFINITIONS.
In
this
chapter,
unless
the
context
otherwise
31
requires:
32
(1)
"Commission"
means
the
commission
on
human
rights
created
by
this
33
chapter
;
.
34
(2)
"Commissioner"
means
a
member
of
the
commission
;
.
35
(3)
"Discriminatory
practice"
means
a
practice
designated
as
discrimi
-
36
natory
under
the
terms
of
this
chapter
;
.
37
(4)
"National
origin"
includes
the
national
origin
of
an
ancestor
;
.
38
(5)
"Person"
includes
an
individual,
association,
corporation,
joint
39
apprenticeship
committee,
joint
-
stock
company,
labor
union,
legal
repre
-
40
2
sentative,
mutual
company,
partnership,
any
other
legal
or
commercial
en
-
1
tity,
the
state,
or
any
governmental
entity
or
agency
;
.
2
(6)
"Employer"
means
a
person,
wherever
situated,
who
hires
five
(5)
3
or
more
employees
for
each
working
day
in
each
of
twenty
(20)
or
more
calen
-
4
dar
weeks
in
the
current
or
preceding
calendar
year
whose
services
are
to
be
5
partially
or
wholly
performed
in
the
state
of
Idaho,
except
for
domestic
ser
-
6
vants
hired
to
work
in
and
about
the
person's
household.
The
term
also
means:
7
(a)
A
person
who
as
contractor
or
subcontractor
is
furnishing
material
8
or
performing
work
for
the
state;
9
(b)
Any
agency
of
or
any
governmental
entity
within
the
state;
and
10
(c)
Any
agent
of
such
employer.
1
1
(7)
"Employment
agency"
means
a
person
regularly
undertaking
,
with
or
12
without
compensation
,
to
procure
employees
for
an
employer
or
to
procure
for
13
employees
opportunities
to
work
for
an
employer
and
includes
an
agent
of
such
14
a
person
;
.
15
(8)
"Labor
organization"
includes:
16
(a)
An
organization
of
any
kind,
an
agency
or
employee
representation
17
committee,
group,
association,
or
plan
in
which
employees
participate
18
and
which
exists
for
the
purpose,
in
whole
or
in
part,
of
dealing
with
19
employers
concerning
grievance,
labor
disputes,
wages,
rates
of
pay,
20
hours,
or
other
terms
or
conditions
of
employment;
21
(b)
A
conference,
general
committee,
joint
or
system
board,
or
joint
22
council
which
that
is
subordinate
to
a
national
or
international
labor
23
organization;
or
24
(c)
An
agent
of
a
labor
organization.
25
(9)
"Place
of
public
accommodation"
means
a
business,
accommodation,
26
refreshment,
entertainment,
recreation,
or
transportation
facility
of
any
27
kind,
whether
licensed
or
not,
whose
goods,
services,
facilities,
privi
-
28
leges,
advantages
or
accommodations
are
extended,
offered,
sold,
or
other
-
29
wise
made
available
to
the
public
;
.
30
(10)
"Educational
institution"
means
a
public
or
private
institution
31
and
includes
an
academy,
college,
elementary
or
secondary
school,
extension
32
course,
kindergarten,
nursery,
school
system,
or
university
and
a
business,
33
nursing,
professional,
secretarial,
technical,
or
vocational
school
and
in
-
34
cludes
an
agent
of
an
educational
institution
;
.
35
(11)
"Real
property"
includes
buildings,
structures,
real
estate,
36
lands,
tenements,
leaseholds,
interests
in
real
estate
cooperatives,
con
-
37
dominiums,
and
hereditaments,
corporeal
and
incorporeal
or
any
interest
38
therein
;
.
39
(12)
"Real
estate
transaction"
includes
the
sale,
exchange,
rental
or
40
lease
of
real
property
;
.
41
(13)
"Housing
accommodation"
includes
any
improved
or
unimproved
real
42
property,
or
part
thereof,
which
that
is
used
or
occupied
,
or
as
is
the
home
43
or
residence
of
one
(1)
or
more
individuals
;
.
44
(14)
"Real
estate
broker
or
salesman"
means
a
person,
whether
licensed
45
or
not,
who,
for
or
with
the
expectation
of
receiving
a
consideration,
lists,
46
sells,
purchases,
exchanges,
rents,
or
leases
real
property,
or
who
negoti
-
47
ates
or
attempts
to
negotiate
any
of
these
activities,
or
who
holds
himself
48
out
as
engaged
in
these
activities,
or
who
negotiates
or
attempts
to
negoti
-
49
ate
a
loan
secured
or
to
be
secured
by
mortgage
or
other
encumbrance
upon
on
50
3
real
property,
or
who
is
engaged
in
the
business
of
listing
real
property
in
a
1
publication
;
,
or
a
person
employed
by
or
acting
on
behalf
of
any
of
these
;
.
2
(15)
"Disability"
means
a
physical
or
mental
condition
of
a
person,
3
whether
congenital
or
acquired,
which
that
constitutes
a
substantial
limi
-
4
tation
to
that
person
and
is
demonstrable
by
medically
accepted
clinical
or
5
laboratory
diagnostic
techniques.
A
person
with
a
disability
is
one
who
:
6
(a)
h
H
as
such
a
disability
,
or
;
7
(b)
h
H
as
a
record
of
such
a
disability
,
;
or
8
(c)
i
I
s
regarded
as
having
such
a
disability
;
.
9
(16)
"Reasonable
accommodation"
means
an
adjustment
which
that
does
10
not
:
1
1
(a)
u
U
nduly
disrupt
or
interfere
with
the
employer's
normal
opera
-
12
tions
,
;
13
(b)
t
T
hreaten
the
health
or
safety
of
the
person
with
the
disability
or
14
others
,
;
15
(c)
c
C
ontradict
a
business
necessity
of
the
employer
,
;
or
16
(d)
i
I
mpose
undue
hardship
on
the
employer
based
on
the
size
of
the
em
-
17
ployer's
business,
the
type
of
business,
the
financial
resources,
and
18
the
estimated
cost
and
extent
of
the
adjustment
;
.
19
(17)
"Readily
achievable"
means
easily
accomplishable
and
able
to
be
20
carried
out
without
much
difficulty
or
expense.
In
determining
whether
an
21
action
is
readily
achievable,
factors
to
be
considered
include
:
22
(a)
t
T
he
nature
and
cost
of
the
action
needed
under
this
chapter
,
;
23
(b)
t
T
he
overall
financial
resources
of
the
facility
or
facilities
in
-
24
volved
in
the
action,
the
number
of
persons
employed
at
the
facility,
25
the
effect
on
expenses
and
resources,
or
the
impact
otherwise
of
the
ac
-
26
tion
upon
on
the
operation
of
the
facility
,
;
27
(c)
t
T
he
overall
financial
resources
of
the
covered
entity,
the
overall
28
size
of
the
business
of
a
covered
entity
with
respect
to
the
number
of
29
its
employees,
the
number,
type,
and
location
of
its
facilities
,
;
and
30
(d)
t
T
he
type
of
operation
or
operations
of
the
covered
entity,
in
-
31
cluding
the
composition,
structure,
and
functions
of
the
workforce
32
of
the
entity,
the
geographic
separateness,
administrative
or
fiscal
33
relationship
of
the
facility
or
facilities
in
question
to
the
covered
34
entity.
35
(18)
"Gender
identity"
means
a
person's
actual
or
perceived
gender
36
identity,
appearance,
mannerisms,
or
other
characteristics,
with
or
without
37
regard
to
the
person's
sex
at
birth.
38
(19)
"Sexual
orientation"
means
a
person's
actual
or
perceived
orienta
-
39
tion
as
heterosexual,
homosexual,
bisexual,
or
asexual.
40
SECTION
3.
That
Section
67
-
5909,
Idaho
Code,
be,
and
the
same
is
hereby
41
amended
to
read
as
follows:
42
67
-
5909.
ACTS
PROHIBITED.
It
shall
be
a
prohibited
act
to
discriminate
43
against
a
person
because
of,
or
on
a
basis
of,
race,
color,
religion,
sex
,
44
sexual
orientation,
gender
identity,
or
national
origin
,
in
any
of
the
fol
-
45
lowing
subsections
pursuant
to
this
section
.
It
shall
be
a
prohibited
act
to
46
discriminate
against
a
person
because
of,
or
on
the
basis
of,
age
in
subsec
-
47
tions
(1),
(2),
(3)
and
(4)
of
this
section.
It
shall
be
a
prohibited
act
to
48
discriminate
against
a
person
because
of,
or
on
the
basis
of,
disability
in
49
4
subsections
(1),
(2),
(3)
and
(4)
of
this
section,
provided
that
the
prohi
-
1
bition
against
discrimination
because
of
disability
shall
not
apply
if
the
2
particular
disability,
even
with
a
reasonable
accommodation,
prevents
the
3
performance
of
the
work
required
in
that
job,
and
in
subsections
(6),
(8),
4
(9),
(10)
and
(11)
of
this
section.
The
prohibition
to
discriminate
shall
5
also
apply
to
those
individuals
without
disabilities
who
are
associated
with
6
a
person
with
a
disability.
7
(1)
For
an
employer
to
fail
or
refuse
to
hire,
to
discharge,
or
to
other
-
8
wise
discriminate
against
an
individual
with
respect
to
compensation
or
the
9
terms,
conditions
or
privileges
of
employment
or
to
reduce
the
wage
of
any
10
employee
in
order
to
comply
with
this
chapter
;
.
1
1
(2)
For
an
employment
agency
to
fail
or
refuse
to
refer
for
employment
,
12
or
otherwise
to
discriminate
against
an
individual
or
to
classify
or
refer
an
13
individual
for
employment
;
.
14
(3)
For
a
labor
organization:
15
(a)
To
exclude
or
to
expel
from
membership,
or
to
otherwise
discrimi
-
16
nate
against,
a
member
or
applicant
for
membership
,
;
17
(b)
To
limit,
segregate
or
classify
membership,
or
to
fail
or
refuse
to
18
refer
for
employment
,
an
individual
in
any
way
,
:
19
1.
Which
That
would
deprive
an
individual
of
employment
opportu
-
20
nities
,
;
or
21
2.
Which
That
would
limit
employment
opportunities
or
adversely
22
affect
the
status
of
an
employee
or
of
an
applicant
for
employ
-
23
ment
,
;
or
24
(c)
To
cause
or
attempt
to
cause
an
employer
to
violate
this
chapter.
25
(4)
For
an
employer
labor
organization
or
employment
agency
to
print
26
or
publish
or
cause
to
be
printed
or
published
a
notice
or
advertisement
re
-
27
lating
to
employment
by
the
employer
or
membership
in
or
a
classification
or
28
referral
for
employment
by
the
labor
organization,
or
relating
to
a
clas
-
29
sification
or
referral
for
employment
by
an
employment
agency,
indicating
30
a
preference,
limitation,
specification
or
discrimination;
but
a
notice
or
31
advertisement
may
indicate
a
preference
limitation,
specification,
or
dis
-
32
crimination
when
such
is
a
bona
fide
occupational
qualification
for
employ
-
33
ment
;
.
34
(5)
For
a
person:
35
(a)
To
deny
an
individual
the
full
and
equal
enjoyment
of
the
goods,
36
services,
facilities,
privileges,
advantages
and
accommodations
of
a
37
place
of
public
accommodation
,
;
or
38
(b)
To
print,
circulate,
post,
or
mail
or
otherwise
cause
to
be
pub
-
39
lished
a
statement,
advertisement
,
or
sign
which
that
indicates
that
40
the
full
and
equal
enjoyment
of
the
goods,
services,
facilities,
privi
-
41
leges,
or
advantages
of
a
place
of
public
accommodation
will
be
refused,
42
withheld
from,
or
denied
an
individual
or
that
an
individual's
patron
-
43
age
of
or
presence
at
a
place
of
public
accommodation
is
objectionable,
44
unwelcome,
unacceptable,
or
undesirable.
45
(6)
For
a
person
who
owns,
leases
or
operates
a
place
of
public
accommo
-
46
dation:
47
(a)
To
deny
an
individual
on
the
basis
of
disability
the
full
and
equal
48
enjoyment
of
the
goods,
services,
facilities,
privileges,
advantages
49
or
accommodations
of
a
place
of
public
accommodation;
50
5
(b)
To
impose
or
apply
eligibility
criteria
that
screen
out
or
tend
to
1
screen
out
an
individual
with
a
disability
or
any
class
of
individuals
2
with
disabilities
from
fully
and
equally
enjoying
any
goods,
services,
3
facilities,
privileges,
advantages
or
accommodations
of
a
place
of
pub
-
4
lic
accommodation,
unless
such
criteria
can
be
shown
to
be
necessary
for
5
the
provision
of
the
goods,
services,
facilities,
privileges,
advan
-
6
tages
or
accommodations
being
offered;
7
(c)
To
fail
to
make
reasonable
modifications
in
policies,
practices,
or
8
procedures
when
such
modifications
are
necessary
to
afford
such
goods,
9
services,
facilities,
privileges,
advantages,
or
accommodations
to
10
individuals
with
disabilities,
unless
the
entity
can
demonstrate
that
1
1
making
such
modifications
would
fundamentally
alter
the
nature
of
such
12
goods,
services,
facilities,
privileges,
advantages
or
accommoda
-
13
tions;
14
(d)
To
fail
to
take
such
steps
as
may
be
necessary
to
ensure
that
no
15
individual
with
a
disability
is
excluded,
denied
services,
segregated
16
or
otherwise
treated
differently
than
other
individuals
because
of
the
17
absence
of
auxiliary
aids
and
services,
unless
the
entity
can
demon
-
18
strate
that
taking
such
steps
would
fundamentally
alter
the
nature
of
19
the
goods,
services,
facilities,
privileges,
advantages,
or
accommoda
-
20
tions
being
offered
or
would
result
in
an
undue
burden;
21
(e)
To
fail
to
remove
architectural
barriers
and
communication
barri
-
22
ers
that
are
structural
in
nature
,
in
existing
facilities
and
trans
-
23
portation
barriers
in
existing
vehicles
used
by
an
establishment
for
24
transporting
individuals
(not
including
barriers
that
can
only
be
re
-
25
moved
only
through
retrofitting
of
vehicles),
where
such
removal
is
26
readily
achievable;
or
27
(f)
Where
an
entity
can
demonstrate
that
the
removal
of
a
barrier
under
28
paragraph
(e)
of
this
subsection
is
not
readily
achievable,
to
fail
to
29
make
such
goods,
services,
facilities,
privileges,
advantages
or
ac
-
30
commodations
available
through
alternative
methods
,
if
such
methods
31
are
readily
achievable.
32
(7)
For
an
educational
institution:
33
(a)
To
exclude,
expel,
limit,
or
otherwise
discriminate
against
an
in
-
34
dividual
seeking
admission
as
a
student
or
an
individual
enrolled
as
a
35
student
in
the
terms,
conditions,
and
privileges
of
the
institution
,
36
or
;
37
(b)
To
make
or
use
a
written
or
oral
inquiry
or
form
of
application
for
38
admission
that
elicits
or
attempts
to
elicit
information
,
or
to
make
or
39
keep
a
record
,
of
an
applicant
for
admission,
except
as
permitted
by
the
40
regulations
of
the
commission
,
;
41
(c)
To
print
or
publish
or
cause
to
be
printed
or
published
a
catalogue
42
or
other
notice
or
advertisement
indicating
a
preference,
limitation,
43
specification,
or
discrimination
of
an
applicant
for
admission
,
;
or
44
(d)
To
announce
or
follow
a
policy
of
denial
or
limitation
through
a
45
quota
or
otherwise
of
educational
opportunities
of
a
group
or
its
mem
-
46
bers.
47
(8)
For
an
owner
or
any
other
person
engaging
in
a
real
estate
transac
-
48
tion,
or
for
a
real
estate
broker
or
salesman:
49
(a)
To
refuse
to
engage
in
a
real
estate
transaction
with
a
person
,
;
50
6
(b)
To
discriminate
against
a
person
in
the
terms,
conditions
or
privi
-
1
leges
of
a
real
estate
transaction
or
in
the
furnishing
of
facilities
or
2
services
in
connection
therewith
,
;
3
(c)
To
refuse
to
receive
or
to
fail
to
transmit
a
bona
fide
offer
to
en
-
4
gage
in
a
real
estate
transaction
from
a
person
,
;
5
(d)
To
refuse
to
negotiate
a
real
estate
transaction
with
a
person
,
;
6
(e)
To
represent
to
a
person
that
real
property
is
not
available
for
in
-
7
spection,
sale,
rental,
or
lease
when
in
fact
it
is
so
available,
or
to
8
fail
to
bring
a
property
listing
to
his
attention,
or
to
refuse
to
permit
9
him
to
inspect
real
property
,
;
10
(f)
To
print,
circulate,
post
or
mail
or
cause
to
be
so
published
a
1
1
statement,
advertisement
or
sign,
or
to
use
a
form
of
application
for
a
12
real
estate
transaction,
or
to
make
a
record
or
inquiry
in
connection
13
with
a
prospective
real
estate
transaction
,
which
that
indicates,
di
-
14
rectly
or
indirectly,
an
intent
to
make
a
limitation,
specification,
or
15
discrimination
with
respect
thereto
,
;
16
(g)
To
offer,
solicit,
accept,
use
or
retain
a
listing
of
real
property
17
with
the
understanding
that
a
person
may
be
discriminated
against
in
a
18
real
estate
transaction
or
in
the
furnishing
of
facilities
or
services
19
in
connection
therewith
,
;
or
20
(h)
To
refuse
to
permit,
at
the
expense
of
a
person
with
a
disability,
21
reasonable
modifications
of
existing
premises
occupied
or
to
be
oc
-
22
cupied
by
such
person
if
the
modifications
may
be
necessary
to
afford
23
such
person
full
enjoyment
of
the
premises.
Provided,
that
in
the
case
24
of
a
rental,
the
landlord
may,
where
it
is
reasonable
to
do
so,
condi
-
25
tion
permission
for
a
modification
on
the
renter
agreeing
to
restore
26
the
interior,
exterior,
or
both,
of
the
premises
,
to
the
condition
that
27
existed
before
the
modification,
reasonable
wear
and
tear
excepted.
28
The
provision
for
restoration
shall
be
included
in
any
lease
or
rental
29
agreement.
30
(9)
For
a
person
to
whom
application
is
made
for
financial
assistance
in
31
connection
with
a
real
estate
transaction
or
for
the
construction,
rehabili
-
32
tation,
repair,
maintenance,
or
improvement
of
real
property,
or
a
represen
-
33
tative
of
such
a
person:
34
(a)
To
discriminate
against
the
applicant
,
;
or
35
(b)
To
use
a
form
of
application
for
financial
assistance
or
to
make
or
36
keep
a
record
or
inquiry
in
connection
with
applications
for
financial
37
assistance
which
that
indicates
,
directly
or
indirectly,
an
intent
to
38
make
a
limitation,
specification,
or
discrimination.
39
(10)
To
insert
in
a
written
instrument
relating
to
real
property
a
40
provision
which
that
purports
to
forbid
or
restrict
the
conveyance,
encum
-
41
brance,
occupancy
or
lease
thereof
;
.
42
(11)
For
a
person
for
the
purpose
of
inducing
a
real
estate
transaction
43
from
which
he
may
benefit
financially:
44
(a)
To
represent
that
a
change
has
occurred
or
will
or
may
occur
in
the
45
composition
of
the
owners
or
occupants
in
the
block,
neighborhood,
or
46
area
in
which
the
real
property
is
located
,
;
or
47
(b)
To
represent
that
this
change
will
or
may
result
in
the
lowering
of
48
property
values,
an
increase
in
criminal
or
antisocial
behavior,
or
a
49
7
decline
in
the
quality
of
schools
in
the
block,
neighborhood,
or
area
in
1
which
the
real
property
is
located.
2
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
4
July
1,
2026.
5