If you are the victim of sexual harassment in Idaho, you have the option to bring a claim at the state level through the Idaho Human Rights Act, which is guided by the Idaho Commission on Human Rights, or to make a claim through federal court using Title VII of the Civil Rights Act of 1964. Idaho’s sexual harassment laws apply to both private and public employers with more than five workers, but it also has provisions in place for subcontractors or contractors who are providing services or goods in the state.
What constitutes sexual harassment under Idaho state law?
Sexual harassment can come in many forms and is based on the theory of what any reasonable person would perceive as “threatening” or “intimidating.” In legal terms, a “reasonable person” is a constraint that means anyone in the same position would reasonably perceive the situation in the same manner.
Workers who are the victim of quid pro quo sexual harassment have had a sexual favor requested of them in exchange for an advantage in the workplace, such as a promotion or increase in salary. In the same respect, quid pro quo can also be the case if a worker was asked for a sexual favor and was led to believe that if they did not comply, they could face termination, loss of promotion or even be disciplined due to a poor work evaluation. This is a situation where a person in authority tries to coerce someone into providing sexual favors in exchange for either a benefit or to maintain their position or status in a “this for that” type of proposition.
An employee can also be the victim of sexual harassment if someone makes their work environment hostile through the use of intimidation or threats of a sexual nature. Examples of making a workplace hostile are non-consensual touching, making derogatory remarks, sexual innuendos and sexually explicit photos or lewd comments. If someone is making a workplace pervasively or systemically intimidating, uncomfortable, or hostile, then you can make a claim for sexual harassment.