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Human rights commission ready to help employers

KAYE THORNBRUGH | Hagadone News Network | UPDATED 2 years, 7 months AGO
by KAYE THORNBRUGH
Kaye Thornbrugh is a second-generation Kootenai County resident who has been with the Coeur d’Alene Press for six years. She primarily covers Kootenai County’s government, as well as law enforcement, the legal system and North Idaho College. | June 10, 2022 1:08 AM

COEUR d’ALENE — Representatives from the Idaho Human Rights Commission were on hand to answer questions and offer resources to area employers Thursday at the Human Rights Education Institute.

Formed by the Legislature in 1969, the human rights commission is a state agency that enforces Idaho’s anti-discrimination and anti-retaliation laws.

Idaho law prohibits discrimination in employment, education, real estate transactions and public accommodations.

Illegal discrimination may be based on race, sex, color, national origin, religion, age (over 40) or mental or physical disability.

Idaho Human Rights Commission Administrator Ben Earwicker said the commission doesn’t just work to address illegal discrimination after it happens. It aims to prevent discrimination from happening in the first place.

That’s why the commission offers free training to employers on sexual harassment prevention, respectful workplaces and disability and reasonable accommodation, as well as overviews of anti-discrimination law in Idaho.

Training is free to any business or organization anywhere in Idaho. Both in-person and virtual training are available.

The commission can also answer questions employers have about Idaho’s laws, including how to approach reasonable accommodations in the workplace.

Accommodations are adjustments to work assignments or work sites that allow disabled employees to do their job.

Employers are obligated to attempt a reasonable accommodation to enable disabled employees to perform the essential functions of their jobs.

Reasonable accommodations for physically disabled employees might include making a worksite wheelchair accessible or modifying schedules to allow someone to receive medical treatment.

The state human rights commission can also offer guidance on how to accommodate mental health conditions.

“We’ll help brainstorm ideas,” Earwicker said.

For instance, a leave of absence or temporarily reduced hours might be a reasonable accommodation for an employee adjusting to a new psychiatric medication. Intermittent breaks might be reasonable for an employee with anxiety disorder.

The commission also investigates complaints about illegal discrimination and offers mediation services to help settle disputes.

“We really make efforts to resolve complaints before they escalate,” Earwicker said.

The commission typically receives about 400 complaints per year, the vast majority of which are related to employment. A small number of claims are related to education, housing and public access.

About 40% of all claims in a given year have to do with disability discrimination, Earwicker said.

Sexual harassment and sex-based discrimination, such as pay disparities and discrimination due to pregnancy, also make up a large portion of claims.

In about 75% of cases, Earwicker said, an investigation yields insufficient evidence of illegal discrimination. These cases are dismissed.

About 12% of the remaining cases are resolved through mediation, where resolutions might include settlements or providing training or accommodations that were previously denied.

The commission finds that discrimination occurred in 5-7% of cases, Earwicker said. Many of those cases are still resolved through mediation.

Earwicker said the vast majority of claims are resolved out of court.

To request training, ask questions about Idaho’s anti-discrimination laws or to file a complaint, call 208-334-2878.

Visit www.humanrights.idaho.gov for more information.

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