Amends existing law to provide that freedom from discrimination because of sexual orientation or gender identity is a civil right.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1228 BY WINTROW AN ACT1 RELATING TO CIVIL RIGHTS; AMENDING SECTION 67-5901, IDAHO CODE, TO PRO-2 VIDE THAT FREEDOM FROM DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION3 OR GENDER IDENTITY IS A CIVIL RIGHT AND TO MAKE A TECHNICAL CORRECTION;4 AMENDING SECTION 67-5902, IDAHO CODE, TO DEFINE TERMS AND TO MAKE TECH-5 NICAL CORRECTIONS; AMENDING SECTION 67-5909, IDAHO CODE, TO PROHIBIT6 DISCRIMINATION AGAINST A PERSON BECAUSE OF SEXUAL ORIENTATION OR GENDER7 IDENTITY AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY8 AND PROVIDING AN EFFECTIVE DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Section 67-5901, Idaho Code, be, and the same is hereby11 amended to read as follows:12 67-5901. PURPOSE OF CHAPTER. The general purposes of this chapter are:13 (1) To provide for execution within the state of the policies embodied14 in this section, in the federal Civil Rights Act of 1964, as amended, and the15 Age Discrimination in Employment Act of 1967, as amended, and Titles I and16 III of the Americans with Disabilities Act.17 (2) To secure for all individuals within the state freedom from dis-18 crimination because of race, color, religion, sex, sexual orientation, gen-19 der identity, or national origin, or disability in connection with employ-20 ment, public accommodations, and real property transactions, discrimina-21 tion because of race, color, religion, sex, sexual orientation, gender iden-22 tity, or national origin in connection with education, discrimination be-23 cause of age in connection with employment, and thereby to protect their in-24 terest in personal dignity, to make available to the state their full produc-25 tive capacities, to secure the state against domestic strife and unrest, to26 preserve the public safety, health, and general welfare, and to promote the27 interests, rights, and privileges of individuals within the state.28

SECTION 2. That Section 67-5902, Idaho Code, be, and the same is hereby29 amended to read as follows:30 67-5902. DEFINITIONS. In this chapter, unless the context otherwise31 requires:32 (1) "Commission" means the commission on human rights created by this33 chapter;.34 (2) "Commissioner" means a member of the commission;.35 (3) "Discriminatory practice" means a practice designated as discrimi-36 natory under the terms of this chapter;.37 (4) "National origin" includes the national origin of an ancestor;.38 (5) "Person" includes an individual, association, corporation, joint39 apprenticeship committee, joint-stock company, labor union, legal repre-40

2 sentative, mutual company, partnership, any other legal or commercial en-1 tity, the state, or any governmental entity or agency;.2 (6) "Employer" means a person, wherever situated, who hires five (5)3 or more employees for each working day in each of twenty (20) or more calen-4 dar weeks in the current or preceding calendar year whose services are to be5 partially or wholly performed in the state of Idaho, except for domestic ser-6 vants hired to work in and about the person's household. The term also means:7 (a) A person who as contractor or subcontractor is furnishing material8 or performing work for the state;9 (b) Any agency of or any governmental entity within the state; and10 (c) Any agent of such employer.11 (7) "Employment agency" means a person regularly undertaking, with or12 without compensation, to procure employees for an employer or to procure for13 employees opportunities to work for an employer and includes an agent of such14 a person;.15 (8) "Labor organization" includes:16 (a) An organization of any kind, an agency or employee representation17 committee, group, association, or plan in which employees participate18 and which exists for the purpose, in whole or in part, of dealing with19 employers concerning grievance, labor disputes, wages, rates of pay,20 hours, or other terms or conditions of employment;21 (b) A conference, general committee, joint or system board, or joint22 council which that is subordinate to a national or international labor23 organization; or24 (c) An agent of a labor organization.25 (9) "Place of public accommodation" means a business, accommodation,26 refreshment, entertainment, recreation, or transportation facility of any27 kind, whether licensed or not, whose goods, services, facilities, privi-28 leges, advantages or accommodations are extended, offered, sold, or other-29 wise made available to the public;.30 (10) "Educational institution" means a public or private institution31 and includes an academy, college, elementary or secondary school, extension32 course, kindergarten, nursery, school system, or university and a business,33 nursing, professional, secretarial, technical, or vocational school and in-34 cludes an agent of an educational institution;.35 (11) "Real property" includes buildings, structures, real estate,36 lands, tenements, leaseholds, interests in real estate cooperatives, con-37 dominiums, and hereditaments, corporeal and incorporeal or any interest38 therein;.39 (12) "Real estate transaction" includes the sale, exchange, rental or40 lease of real property;.41 (13) "Housing accommodation" includes any improved or unimproved real42 property, or part thereof, which that is used or occupied, or as is the home43 or residence of one (1) or more individuals;.44 (14) "Real estate broker or salesman" means a person, whether licensed45 or not, who, for or with the expectation of receiving a consideration, lists,46 sells, purchases, exchanges, rents, or leases real property, or who negoti-47 ates or attempts to negotiate any of these activities, or who holds himself48 out as engaged in these activities, or who negotiates or attempts to negoti-49 ate a loan secured or to be secured by mortgage or other encumbrance upon on50

3 real property, or who is engaged in the business of listing real property in a1 publication;, or a person employed by or acting on behalf of any of these;.2 (15) "Disability" means a physical or mental condition of a person,3 whether congenital or acquired, which that constitutes a substantial limi-4 tation to that person and is demonstrable by medically accepted clinical or5 laboratory diagnostic techniques. A person with a disability is one who:6 (a) hHas such a disability, or;7 (b) hHas a record of such a disability,; or8 (c) iIs regarded as having such a disability;.9 (16) "Reasonable accommodation" means an adjustment which that does10 not:11 (a) uUnduly disrupt or interfere with the employer's normal opera-12 tions,;13 (b) tThreaten the health or safety of the person with the disability or14 others,;15 (c) cContradict a business necessity of the employer,; or16 (d) iImpose undue hardship on the employer based on the size of the em-17 ployer's business, the type of business, the financial resources, and18 the estimated cost and extent of the adjustment;.19 (17) "Readily achievable" means easily accomplishable and able to be20 carried out without much difficulty or expense. In determining whether an21 action is readily achievable, factors to be considered include:22 (a) tThe nature and cost of the action needed under this chapter,;23 (b) tThe overall financial resources of the facility or facilities in-24 volved in the action, the number of persons employed at the facility,25 the effect on expenses and resources, or the impact otherwise of the ac-26 tion upon on the operation of the facility,;27 (c) tThe overall financial resources of the covered entity, the overall28 size of the business of a covered entity with respect to the number of29 its employees, the number, type, and location of its facilities,; and30 (d) tThe type of operation or operations of the covered entity, in-31 cluding the composition, structure, and functions of the workforce32 of the entity, the geographic separateness, administrative or fiscal33 relationship of the facility or facilities in question to the covered34 entity.35 (18) "Gender identity" means a person's actual or perceived gender36 identity, appearance, mannerisms, or other characteristics, with or without37 regard to the person's sex at birth.38 (19) "Sexual orientation" means a person's actual or perceived orienta-39 tion as heterosexual, homosexual, bisexual, or asexual.40

SECTION 3. That Section 67-5909, Idaho Code, be, and the same is hereby41 amended to read as follows:42 67-5909. ACTS PROHIBITED. It shall be a prohibited act to discriminate43 against a person because of, or on a basis of, race, color, religion, sex,44 sexual orientation, gender identity, or national origin, in any of the fol-45 lowing subsections pursuant to this section. It shall be a prohibited act to46 discriminate against a person because of, or on the basis of, age in subsec-47 tions (1), (2), (3) and (4) of this section. It shall be a prohibited act to48 discriminate against a person because of, or on the basis of, disability in49

4 subsections (1), (2), (3) and (4) of this section, provided that the prohi-1 bition against discrimination because of disability shall not apply if the2 particular disability, even with a reasonable accommodation, prevents the3 performance of the work required in that job, and in subsections (6), (8),4 (9), (10) and (11) of this section. The prohibition to discriminate shall5 also apply to those individuals without disabilities who are associated with6 a person with a disability.7 (1) For an employer to fail or refuse to hire, to discharge, or to other-8 wise discriminate against an individual with respect to compensation or the9 terms, conditions or privileges of employment or to reduce the wage of any10 employee in order to comply with this chapter;.11 (2) For an employment agency to fail or refuse to refer for employment,12 or otherwise to discriminate against an individual or to classify or refer an13 individual for employment;.14 (3) For a labor organization:15 (a) To exclude or to expel from membership, or to otherwise discrimi-16 nate against, a member or applicant for membership,;17 (b) To limit, segregate or classify membership, or to fail or refuse to18 refer for employment, an individual in any way,:19 1. Which That would deprive an individual of employment opportu-20 nities,; or21 2. Which That would limit employment opportunities or adversely22 affect the status of an employee or of an applicant for employ-23 ment,; or24 (c) To cause or attempt to cause an employer to violate this chapter.25 (4) For an employer labor organization or employment agency to print26 or publish or cause to be printed or published a notice or advertisement re-27 lating to employment by the employer or membership in or a classification or28 referral for employment by the labor organization, or relating to a clas-29 sification or referral for employment by an employment agency, indicating30 a preference, limitation, specification or discrimination; but a notice or31 advertisement may indicate a preference limitation, specification, or dis-32 crimination when such is a bona fide occupational qualification for employ-33 ment;.34 (5) For a person:35 (a) To deny an individual the full and equal enjoyment of the goods,36 services, facilities, privileges, advantages and accommodations of a37 place of public accommodation,; or38 (b) To print, circulate, post, or mail or otherwise cause to be pub-39 lished a statement, advertisement, or sign which that indicates that40 the full and equal enjoyment of the goods, services, facilities, privi-41 leges, or advantages of a place of public accommodation will be refused,42 withheld from, or denied an individual or that an individual's patron-43 age of or presence at a place of public accommodation is objectionable,44 unwelcome, unacceptable, or undesirable.45 (6) For a person who owns, leases or operates a place of public accommo-46 dation:47 (a) To deny an individual on the basis of disability the full and equal48 enjoyment of the goods, services, facilities, privileges, advantages49 or accommodations of a place of public accommodation;50

5 (b) To impose or apply eligibility criteria that screen out or tend to1 screen out an individual with a disability or any class of individuals2 with disabilities from fully and equally enjoying any goods, services,3 facilities, privileges, advantages or accommodations of a place of pub-4 lic accommodation, unless such criteria can be shown to be necessary for5 the provision of the goods, services, facilities, privileges, advan-6 tages or accommodations being offered;7 (c) To fail to make reasonable modifications in policies, practices, or8 procedures when such modifications are necessary to afford such goods,9 services, facilities, privileges, advantages, or accommodations to10 individuals with disabilities, unless the entity can demonstrate that11 making such modifications would fundamentally alter the nature of such12 goods, services, facilities, privileges, advantages or accommoda-13 tions;14 (d) To fail to take such steps as may be necessary to ensure that no15 individual with a disability is excluded, denied services, segregated16 or otherwise treated differently than other individuals because of the17 absence of auxiliary aids and services, unless the entity can demon-18 strate that taking such steps would fundamentally alter the nature of19 the goods, services, facilities, privileges, advantages, or accommoda-20 tions being offered or would result in an undue burden;21 (e) To fail to remove architectural barriers and communication barri-22 ers that are structural in nature, in existing facilities and trans-23 portation barriers in existing vehicles used by an establishment for24 transporting individuals (not including barriers that can only be re-25 moved only through retrofitting of vehicles), where such removal is26 readily achievable; or27 (f) Where an entity can demonstrate that the removal of a barrier under28 paragraph (e) of this subsection is not readily achievable, to fail to29 make such goods, services, facilities, privileges, advantages or ac-30 commodations available through alternative methods, if such methods31 are readily achievable.32 (7) For an educational institution:33 (a) To exclude, expel, limit, or otherwise discriminate against an in-34 dividual seeking admission as a student or an individual enrolled as a35 student in the terms, conditions, and privileges of the institution,36 or;37 (b) To make or use a written or oral inquiry or form of application for38 admission that elicits or attempts to elicit information, or to make or39 keep a record, of an applicant for admission, except as permitted by the40 regulations of the commission,;41 (c) To print or publish or cause to be printed or published a catalogue42 or other notice or advertisement indicating a preference, limitation,43 specification, or discrimination of an applicant for admission,; or44 (d) To announce or follow a policy of denial or limitation through a45 quota or otherwise of educational opportunities of a group or its mem-46 bers.47 (8) For an owner or any other person engaging in a real estate transac-48 tion, or for a real estate broker or salesman:49 (a) To refuse to engage in a real estate transaction with a person,;50

6 (b) To discriminate against a person in the terms, conditions or privi-1 leges of a real estate transaction or in the furnishing of facilities or2 services in connection therewith,;3 (c) To refuse to receive or to fail to transmit a bona fide offer to en-4 gage in a real estate transaction from a person,;5 (d) To refuse to negotiate a real estate transaction with a person,;6 (e) To represent to a person that real property is not available for in-7 spection, sale, rental, or lease when in fact it is so available, or to8 fail to bring a property listing to his attention, or to refuse to permit9 him to inspect real property,;10 (f) To print, circulate, post or mail or cause to be so published a11 statement, advertisement or sign, or to use a form of application for a12 real estate transaction, or to make a record or inquiry in connection13 with a prospective real estate transaction, which that indicates, di-14 rectly or indirectly, an intent to make a limitation, specification, or15 discrimination with respect thereto,;16 (g) To offer, solicit, accept, use or retain a listing of real property17 with the understanding that a person may be discriminated against in a18 real estate transaction or in the furnishing of facilities or services19 in connection therewith,; or20 (h) To refuse to permit, at the expense of a person with a disability,21 reasonable modifications of existing premises occupied or to be oc-22 cupied by such person if the modifications may be necessary to afford23 such person full enjoyment of the premises. Provided, that in the case24 of a rental, the landlord may, where it is reasonable to do so, condi-25 tion permission for a modification on the renter agreeing to restore26 the interior, exterior, or both, of the premises, to the condition that27 existed before the modification, reasonable wear and tear excepted.28 The provision for restoration shall be included in any lease or rental29 agreement.30 (9) For a person to whom application is made for financial assistance in31 connection with a real estate transaction or for the construction, rehabili-32 tation, repair, maintenance, or improvement of real property, or a represen-33 tative of such a person:34 (a) To discriminate against the applicant,; or35 (b) To use a form of application for financial assistance or to make or36 keep a record or inquiry in connection with applications for financial37 assistance which that indicates, directly or indirectly, an intent to38 make a limitation, specification, or discrimination.39 (10) To insert in a written instrument relating to real property a40 provision which that purports to forbid or restrict the conveyance, encum-41 brance, occupancy or lease thereof;.42 (11) For a person for the purpose of inducing a real estate transaction43 from which he may benefit financially:44 (a) To represent that a change has occurred or will or may occur in the45 composition of the owners or occupants in the block, neighborhood, or46 area in which the real property is located,; or47 (b) To represent that this change will or may result in the lowering of48 property values, an increase in criminal or antisocial behavior, or a49

7 decline in the quality of schools in the block, neighborhood, or area in1 which the real property is located.2

SECTION 4. An emergency existing therefor, which emergency is hereby3 declared to exist, this act shall be in full force and effect on and after4 July 1, 2026.5