Interviewing and Selecting Job Candidates: Idaho

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Scott Randolph, Holland & Hart LLP.

Summary

• The Idaho Human Rights Act (IHRA) applies to employers with five or more employees whose services are to be performed partially or entirely within the state of Idaho. See Idaho Antidiscrimination Law.
• Idaho employers generally may not refuse to hire an applicant based upon any protected characteristic, which includes race, color, religion, sex, national origin, age or disability. See Idaho Antidiscrimination Law.
• An Idaho employer should not ask questions about a person's health, medical history or whether he or she has ever filed a worker's compensation claim. See Disability.
• Idaho has no specific restrictions on an employer's right to inquire about an applicant's arrests or convictions, but employers should use caution because such questions may have an adverse impact on minorities. See Arrest and Conviction Inquiries.
• Employers may provide job references "in good faith" to prospective employers, but may not "blacklist" employees for the purpose of preventing future employment. See References.
• Idaho is a "one-party consent" state, meaning the employer's consent to the recording of an interview or other communication can be enough. +Idaho Code Ann. § 18-6702(d). See Recording Interviews.