Idaho Human Rights Commission “Complaints”

The Idaho Human Rights Commission considers Title VII and other discrimination claims arising in Idaho.  For practitioners in other jurisdictions, the nomenclature there could lead to mistakes.  The kick-off there is not a “claim,” but a “complaint.”  This can be confusing and lead to the incorrect assumption that a claim has already been pursued to the point that a right-to-sue letter has been issued.  Instead, in Idaho, there is no “litigation” arising from the complaint.  Idaho rules require that in response to a “complaint”, an answer be filed most likely to be followed by mediation.  It’s up to the Commission staff’s discretion.  Pay attention to the answer, however, because any allegations in the Complaint that are not denied in the answer will be deemed admitted.

 

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