67-5908. PROCEDURE IN DISTRICT COURT. (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.
History:
[67-5908, added 1980, ch. 97, sec. 3, p. 216; am. 1998, ch. 155, sec. 3, p. 532.]