Federal & State Regulations | Age discrimination - Indiana

State Info

Summary of differences between federal and state regulations

Employer defined

“Employer” means and includes any person in the state employing one or more individuals, labor organizations, the state and all political subdivisions, boards, departments and commissions thereof, but does not include:

religious, charitable, fraternal, social, educational or sectarian corporations, or associations not organized for private profit, other than labor organizations and nonsectarian corporations, or organizations engaged in social service work; or
a person or governmental entity which is subject to the federal Age Discrimination in Employment Act.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. The provisions do not apply to a person:

employed in private domestic service, or service as a farm laborer;
who is qualified for benefits under the terms or conditions of an employer retirement or pension plan or system.

The law does not restrict or affect the freedom of any employer in regard to:

fixing compulsory retirement requirements for any class of employees at an age or ages less than seventy-five years;
fixing eligibility requirements for participation in, or enjoyment by employees of, benefits under any annuity plan or pension or retirement plan on the basis that any employee may be excluded from eligibility who, at the time he would otherwise become eligible for such benefits, is older than the age fixed in the eligibility requirements; or
keeping age records for any such purposes.

Any complaint under state law must be issued within four months after the alleged unfair employment practices were committed.

Recordkeeping

Every person must keep true and accurate records of the ages of all persons employed by him as reported by each employee.