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.

Show All Answers

1. What is the Non-Discrimination Ordinance intended to do?
2. What is gender expression/identity?
3. What, in general, does the Ordinance cover?
4. Who does the Ordinance apply to?
5. What are the exceptions?
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?
7. Does the Ordinance restrict 1st Amendment rights or any other rights protected by the U.S. Constitution?
8. Does the Ordinance allow members of the LGBTQ community to sue me, my company, or their employer for violations 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?
10. Does the Ordinance subject me to criminal penalties if I violate it?
11. What rights do I have if I am accused of a violation of the Ordinance?
12. What are the penalties?
13. How long do I have to file a complaint?
14. What process will be followed when a person is accused of a violation of the Ordinance?
15. Am I violating the ordinance if there is a legitimate reason not to employ or sell to a person who identifies as LGBTQ?
16. Where can I get more information or details about the Ordinance?