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1. What is the Non-Discrimination Ordinance intended to do?

The Ordinance makes it unlawful to discriminate against any person in the City of Idaho Falls on the basis of sexual orientation and/or gender identity/expression in the areas of employment and housing.

2. What is gender expression/identity?

Actual or perceived gender-related characteristics, identity, appearance, expression or behavior of a person, regardless of such person's biological or assigned sex at birth.

3. What, in general, does the Ordinance cover?

The Ordinance covers two main categories. First, employment is covered because it is unlawful to fail to hire or to discharge someone or to limit their employment possibilities solely because of their sexual orientation or their gender identity/expression. This includes employers, employment agencies and labor organizations and training programs.

Housing is also included because it is unlawful to refuse to sell/rent to someone or to discriminate regarding terms and conditions of a sale/rent solely because of the buyer’s/renter’s sexual orientation or gender identity/expression.

4. Who does the Ordinance apply to?

It applies to the residents, business owners, employers, and the municipal corporation of the City of Idaho Falls, with some exceptions.

5. What are the exceptions?

The Ordinance does not apply to:
- Religious entities (for example, churches, religious institutions, etc.) and subsidiaries of those religious entities (for example, a business or agency wholly owned by religious entity, etc.).
- An “expressive association,” if employing a person covered under the Ordinance would significantly burden rights of the expressive association. See Boy Scouts of America v. Dale, 530 U.S. 640 (2000).
- The federal government, any of its departments, agencies, or any corporation(s) wholly owned by it.
- The state of Idaho, any of its departments, agencies, bodies corporate and politic (i.e. schools), and political subdivisions, or any corporation(s) wholly owned by them.
- Sales/rentals of a one-family dwelling (e.g., house, apartment, etc.) where the owner does not own 4 or more one-family dwellings within the City, has not sold 2 or more one-family dwellings during the 24 month period immediately before the sale/rental in question and the one-family dwelling(s) that were sold/rented by the owner were done without a real estate agent or real estate company, or any other person in the business of selling or renting dwellings.
- Rentals of a unit in a 1, 2, 3 or 4-family dwelling if the owner also resides in one of the units of the dwelling.
- Employment by an owner/tenant which occurs within the dwelling where the owner/tenant is residing (e.g. a home business, maid and cleaning services, in-home care, etc.)
- A person or business who hires less than 5 employees for each working day that perform their work (wholly or in part) in Idaho for 20 or more calendar weeks in the current or preceding calendar year.

6. Does the Ordinance give those in the lesbian, gay, bi-sexual, transgender, questioning (LGBTQ) community more rights than it does to other citizens of Idaho Falls?

No. The Ordinance does not create any special rights or privileges which would not be otherwise available to all of the City’s inhabitants.

7. Does the Ordinance restrict 1st Amendment rights or any other rights protected by the U.S. Constitution?

No. The Ordinance will be read and applied in a manner consistent with the First Amendment regarding freedom of speech, exercise of religion and other similar rights (because the U.S. Constitution is the supreme law of the land).

8. Does the Ordinance allow members of the LGBTQ community to sue me, my company, or their employer for violations of the Ordinance?

No. The Ordinance does not create a private right for those who feel they have been discriminated against to bring a civil lawsuit against the alleged discriminator. Also, no money damages are available to any person based upon a violation of the Ordinance.

9. If I participate in providing evidence or testimony relative to a potential violation of the Ordinance, am I protected from retaliation or reprisal?

Yes. It is unlawful to coerce, intimidate, threaten or interfere with any person who participates in the exercise or enjoyment of any right granted or protected by the Ordinance.

10. Does the Ordinance subject me to criminal penalties if I violate it?

Yes. The Ordinance is a criminal ordinance because it is provides for someone to be charged with either an infraction or misdemeanor in the City Code.

11. What rights do I have if I am accused of a violation of the Ordinance?

An accused has the right to an attorney, the right to trial by a judge (or a jury for misdemeanors), the right to be proved guilty beyond a reasonable doubt, the right to confront witnesses and be provided with all pertinent evidence, and the right of appeal upon conviction.

12. What are the penalties?

The penalty for the first violation is a fine up to $100. There is no possibility of jail, incarceration or arrest for a first violation.

For any subsequent violation of the Ordinance within 5 years of the previous violation, there is a possibility of misdemeanor penalties. Misdemeanor penalties include a possible fine imposed by a judge of up to 6 months in jail and/or $1,000.

13. How long do I have to file a complaint?

A complaint under this Ordinance must be filed with the Police Department within 180 days of the alleged misconduct.

14. What process will be followed when a person is accused of a violation of the Ordinance?

The complaint is made to the Police Department, who will investigate it and send it to a City Prosecutor for review. The City Prosecutor will first review the complaint to see whether, the City has jurisdiction, whether the facts, if true, would constitute a violation of the Ordinance and whether the complaint is frivolous or brought only to harass or intimidate.

If the complaint fails to meet any of these three requirements, the complaint will be dismissed. If the complaint is “facially valid,” (i.e., if it does meet the three requirements immediately above) the City Prosecutor will send it to the City Attorney, who then will arrange for mediation between the accuser and accused. If both parties agree to mediation, mediation will occur within 30 days. If the parties successfully mediate the case, the complaint will be dismissed.

If the parties decline to try mediation, or the mediation does not resolve the matter, the complaint will be sent to the City Prosecutor, who will consider filing charges. The City Prosecutor will then make a determination about charging an infraction (for a first offense).

15. Am I violating the ordinance if there is a legitimate reason not to employ or sell to a person who identifies as LGBTQ?

The Ordinance only covers activities which are based solely on a person’s sexual orientation or sexual identity/expression. If there is a legitimate reason not to hire a person that is unrelated to sexual orientation or gender identity/expression, the employer may choose not to hire the person without violating the Ordinance.

For example, they may not have the experience skills or certification for the job or may not be able to pass a background check. If the owner of a house or rental property chooses not to sell or rent to a person due to bad credit or inability to pay the rent/mortgage, etc., and not because of the person’s sexual orientation or gender identity/expression, the owner has not violated the Ordinance.

16. Where can I get more information or details about the Ordinance?

If you have any questions regarding this FAQ or the Ordinance, contact the City Attorney's Office.