Idaho
How Faragher v. City of Boca Raton applies in Idaho: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
Idaho recognizes the principles established in Faragher v. City of Boca Raton, particularly regarding employer liability for sexual harassment by supervisors. The state adopts a similarly stringent standard that requires employers to take appropriate steps to prevent and address harassment in the workplace.
Employers in Idaho are liable for sexual harassment perpetrated by supervisory employees unless they can demonstrate that they took reasonable care to prevent and correct any harassing behavior and that the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided.
The court emphasized the employer's duty to implement and enforce anti-harassment policies effectively, reflecting the principles from Faragher.
Affirmed that an institution may be held liable for harassment if it is shown that it did not take reasonable steps after being made aware of the conduct.
The court found the school district liable for failure to act on reported harassment incidents, echoing Faragher's focus on employer responsibility.
Idaho's approach mirrors the federal standard established by the Faragher ruling, particularly in how it balances employer liability with employee responsibility to act against harassment. However, Idaho law may have specific procedural mandates for reporting and addressing harassment that are more stringent than federal requirements.
Candidates should be familiar with the Faragher precedent as it applies to employer liability in harassment cases, as this may frequently appear on the Idaho bar exam.