Idaho Code §§ 67-5901, 5902, 5907 to 5911 § 67-5908
PROCEDURE IN DISTRICT COURT.
Operative Text
(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.
Idaho Code § 67-5908 establishes the court procedures for housing and employment discrimination claims brought under the Idaho Human Rights Act. Before anyone can sue in district court, a complaint must first be filed with the Idaho Human Rights Commission; if the Commission dismisses the complaint administratively, the aggrieved person then has 90 days to file their own civil action. When a court finds unlawful discrimination occurred, it may order a range of remedies—including stopping the discriminatory practice, restoring employment or union membership, awarding actual damages such as lost wages (limited to two years prior to the complaint filing), and punitive damages up to $1,000 per willful violation.
Plain English — not legal advice.
Under § 67-5908 of the Idaho Human Rights Act, property owners and managers should be aware that discrimination complaints can result in court-ordered remedies including cease-and-desist orders, back pay awards, and punitive damages of up to $1,000 per willful violation. Compliant operators maintain clear, documented non-discriminatory policies and practices so that, if a complaint is filed with the Idaho Human Rights Commission, there is a record demonstrating lawful conduct. Because the Commission may bring an action in district court on behalf of a complainant—and must do so within one year of the sworn complaint—operators benefit from responding promptly and thoroughly to any Commission inquiry.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 67-5908 of the Idaho Human Rights Act gives people who believe they have experienced unlawful discrimination a path to district court, but filing a complaint with the Idaho Human Rights Commission is a required first step before any lawsuit can proceed. If the Commission issues a notice of administrative dismissal, there is a 90-day window to file a civil action directly in district court, so tracking that deadline carefully is important. Tenant-rights organizations and legal aid offices familiar with the Idaho Human Rights Act can help individuals understand the complaint process, the available remedies—such as actual damages and up to $1,000 in punitive damages per willful violation—and what it means that the burden of proof rests with the person seeking relief.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation