Discrimination - Other - Indiana

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The main Indiana employment discrimination law is the Indiana Civil Rights Law which applies to employers with six or more employees. The law identifies the following protected classes for purposes of unlawful employment discrimination:

• Race,
• Color,
• Religion,
• Sex/Gender,
• Disability (physical or mental condition of a person that constitutes a substantial disability),
• National origin (or ancestry),
• Pregnancy (Indiana Civil Rights Commission (ICRC) may include under Sex discrimination),
• Veteran or National Guard member (includes reserve component),

Age discrimination

The Indiana Age Discrimination Act is a separate law that applies to employers that are not covered by the U.S. Age Discrimination in Employment Act (ADEA). The state Act defines “discrimination” as dismissal from employment of, or refusal to employ or rehire any person because of his age, if such person has attained the age of 40 years and has not attained the age of 75 years.

Disability discrimination

While the Civil Rights Law covers disability as a protected trait, Indiana has enacted an additional disability discrimination law (IC 22-9-5-19) that is also enforced by the ICRC. It protects qualified disabled individuals from discrimination in the:

• Job application process;
• Hiring, advancement or discharge;
• Compensation;
• Job training; and
• Other terms, conditions, and privileges of employment.

Tobacco use

Indiana also regulates discrimination on the basis of off-duty tobacco use. An employer may not require, as a condition of employment, an employee or prospective employee to refrain from using, or discriminate against an employee with respect to compensation, benefits, or terms and conditions of employment, based on the employee’s use of tobacco products outside the course of employment.

This does not apply to an employer that is:

• a church;
• a religious organization; or
• a school or business conducted by a church or religious organization.

State

Related information

Protected classes ezExplanation

Contact

Civil Rights Commission

Indiana Department of Labor (Age discrimination)

Regulations

Indiana Code Title 22, Article 5, Chapter 4, Off Duty Use of Tobacco by Employees

IC § 22-9-1-2 Civil rights enforcement; Public policy

IC § 22-9-1-3 Civil rights enforcement; Definitions

IC § 22-9-2-1 Age discrimination

IC § 22-9-5-19 Employment discrimination against disabled persons; Prohibition against discrimination

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.