How to File a Sexual Harassment Claim with the Idaho Commission on Human Rights (ICHR)

Step-by-Step Process to File a Harassment Claim in Idaho

Whether you work in Boise, Meridian, or Nampa, facing sexual harassment in the workplace is a stressful experience. Knowing the precise procedural steps to enforce your rights under the Idaho Human Rights Act is essential. In Idaho, you generally must start the legal process by filing an administrative complaint with the state agency before you can sue your employer in a state court, such as the Ada County District Court, Boise or the Canyon County District Court, Caldwell. Below is a detailed, step-by-step guide to the administrative process.

Step 1: The 1-Year and 300-Day Filing Deadlines Explained

Under Idaho Code § 67-5907(1), you have a strict deadline to file your sexual harassment complaint with the state. The law requires you to file a verified complaint of discrimination with the Idaho Commission on Human Rights, Boise (ICHR) within one (1) year (365 days) of the most recent alleged discriminatory incident. However, if you plan to preserve your federal claims under Title VII through dual-filing, federal law under 42 U.S.C. § 2000e-5(e)(1) imposes a 300-day deadline from the harassment date. If you miss these statutory deadlines, you may permanently lose your right to pursue legal remedies against your employer. It is crucial to document dates, times, and witnesses as soon as the harassment occurs to ensure your filing timeline is accurate.

Step 2: How Dual-Filing Works (ICHR and EEOC)

The ICHR works in a work-sharing agreement with the federal government. This means when you file your official paperwork, you can simultaneously file under state law and federal law. By checking the box for dual-filing on your intake documents, your claim is also registered with the Equal Employment Opportunity Commission, Seattle (the federal office that handles Idaho cases). Dual-filing ensures your rights are protected under both the Idaho Human Rights Act and federal laws like Title VII under 42 U.S.C. § 2000e et seq.. To begin, you will generally complete the ICHR Employment Discrimination Intake Questionnaire, which initiates your claim and is formalized for dual-filing using Form 5, FED, EEOC, Charge of Discrimination.

Step 3: What to Expect During ICHR Mediation

After your formal charge is filed, the ICHR frequently offers voluntary mediation before conducting a full investigation. Mediation brings you, your employer, and a neutral state mediator together to attempt to reach a private settlement. This is completely voluntary. If your employer agrees to a settlement, you may receive compensation or changes to your working conditions without a lengthy investigation. If mediation fails or either party declines, the case moves to the formal investigation phase.

Step 4: The Investigation Process

If mediation is unsuccessful, an ICHR investigator will be assigned to your case. The investigator will request documents from your employer, interview witnesses, and review any evidence you have provided, such as emails, texts, or performance reviews. Under Idaho law, the employer will be required to submit a formal position statement responding to your allegations. The investigation can take several months, depending on the complexity of the harassment allegations and the backlog of cases.

Step 5: When to Request a Notice of Right to Sue

If the ICHR finishes its investigation and cannot conclude that a violation occurred, or if they find cause but cannot successfully conciliate the matter, they will issue a Notice of Right to Sue. Additionally, under Idaho Code § 67-5907(6), if the investigation takes more than 365 days, you or your attorney may request an administrative dismissal. Crucially, under Idaho Code § 67-5908(2), a complainant must file a civil action in district court strictly within 90 days of the issuance of the Notice of Administrative Dismissal. Failing to file within this 90-day limitation period permanently bars the lawsuit. Because court procedures are highly complex, we strongly suggest you hire an experienced local lawyer from our US Lawyers directory to file your formal lawsuit.

How Much Does it Cost to File?

Filing an initial claim with the Idaho Commission on Human Rights, Boise is completely free. There are no application fees or government filing charges to submit your questionnaire or formal charge. However, if your case eventually goes to state or federal court, standard court filing fees apply. For instance, filing a civil lawsuit in an Idaho District Court typically costs around $221. If you hire a lawyer, most employment law attorneys work on a contingency fee basis, meaning they take a percentage (usually 33% to 40%) of your final settlement or court award rather than charging an upfront hourly fee.

How Long Does the Process Take?

The timeline varies significantly based on how the case resolves. If the case settles during early mediation, it might conclude in 2 to 4 months. If it proceeds to a full administrative investigation, it frequently takes 8 to 12 months for the ICHR to issue a final determination. If you proceed to file a lawsuit after receiving a Notice of Right to Sue, the court process can take an additional 1 to 2 years before reaching a trial.

Frequently Asked Questions (FAQ)