reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-39.1. Imminent Danger in Workplace; Petition for Relief; Orders; Informing Employer and Employees of Danger; Mandamus

Sec. 39.1. (a) Whenever the commissioner is of the opinion that imminent danger exists in any workplace in this state, which condition can reasonably be expected to cause death or serious physical harm, the commissioner, through the attorney general, may petition the circuit court, superior court, or probate court of the county in which such workplace is located for appropriate relief. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
(b) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) exist in any place of employment, the inspector shall inform the affected employers and employees of the danger and that the inspector is recommending to the commissioner that relief be sought.
(c) If the commissioner arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the commissioner, in the circuit court, superior court, or probate court of the county in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the commissioner to seek such an order and for such further relief as may be appropriate.
Formerly: Acts 1973, P.L.241, SEC.45. As amended by P.L.84-2016, SEC.98.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-40. Insafe; Program of Occupational Health and Safety Education and Training

Sec. 40. A division of the department to be known as INSafe is created to implement a program of occupational health and safety education and training.
Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.46. As amended by P.L.37-1985, SEC.39; P.L.32-2008, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-41. Insafe; Duties

Sec. 41. The duties of INSafe shall include, but not be limited to, the following:
(1) Development of a statewide health and safety education and training program to acquaint employers, supervisors, employees, and union leaders with the most modern and effective techniques of accident investigation and prevention.
(2) Development and promotion of the consultative educational approach as a desirable and effective long range solution to occupational health and safety problems.
(3) Development of training programs for occupational health and safety personnel.
(4) Planning, organizing, and attending occupational health and safety seminars, conferences, and meetings designed for management, supervisory personnel, employees, and union representatives.
(5) Definition and establishment of necessary research projects.
(6) Arrangement and procurement of necessary contractual services and training aids.
(7) Planning, developing, organizing, attending, and presenting specific occupational health and safety programs for employer groups.
(8) Conducting onsite consultations upon request from an employer. Onsite consultation shall be defined by INSafe by rule under IC 4-22-2.
(9) Providing occupational health and safety pamphlets, booklets, brochures, and other appropriate health and safety media.
Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.47; Acts 1975, P.L.255, SEC.1. As amended by P.L.37-1985, SEC.40; P.L.34-1988, SEC.15; P.L.32-2008, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-42. Insafe; Staff

Sec. 42. The director and staff of INSafe shall be selected and appointed by the commissioner under IC 4-15-2.2.
Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.48. As amended by P.L.144-1986, SEC.176; P.L.32-2008, SEC.4; P.L.6-2012, SEC.159.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-43. Insafe; Employer Annual Report

Sec. 43. (a) To insure the availability of accurate, timely statistical data concerning occupational health and safety, all employers having one (1) or more employees simultaneously employed shall submit annual reports to INSafe (on a form and in a manner prescribed by the director) of all disabling work injuries.
(b) INSafe may exempt from the requirement of subsection (a) those classes of employers for whose operations adequate records of safety experience are already available. INSafe may also exempt any employer when, in the judgment of the director, the submission of annual reports by the employer is not necessary to carry out the purposes of this chapter and would be an undue burden upon the employer because of size, the nature of its operation or other special circumstances.
Formerly: Acts 1971, P.L.356, SEC.1. As amended by P.L.32-2008, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-43.1. Employer Records and Reports; Death and Disaster Reporting

Sec. 43.1. (a) The commissioner may adopt rules requiring all employers having eleven (11) or more employees employed to make and retain records of, and to make reports on, all work related deaths, injuries, and illnesses.
(b) Deaths and disasters shall be reported directly to the commissioner within eight (8) hours. "Disaster" is any incident which results in the hospitalization of three (3) or more persons.
Formerly: Acts 1973, P.L.241, SEC.49; Acts 1975, P.L.255, SEC.2. As amended by P.L.28-1988, SEC.69; P.L.234-2003, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-45. Safety and Health Consultation Service for Employers; Tax Levy

Sec. 45. If the balance in the special fund for safety and health consultation service on April 1 of each year is less than six hundred thousand dollars ($600,000) an annual tax is imposed to finance the safety and health consultation service for employers under section 41 of this chapter.
Formerly: Acts 1971, P.L.356, SEC.1; Acts 1975, P.L.255, SEC.3. As amended by Acts 1982, P.L.95, SEC.10; P.L.37-1985, SEC.41; P.L.34-1988, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-46. Tax; Worker's Compensation Insurance Carriers and Self-Insured Employers

Sec. 46. The tax is imposed upon:
(1) each insurance carrier licensed to do worker's compensation business in the state; and
(2) each self-insured employer.
Formerly: Acts 1971, P.L.356, SEC.1. As amended by P.L.28-1988, SEC.70.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-47. Tax; Amount; Loss for Purpose of Worker's Compensation Insurance Rates

Sec. 47. The annual tax shall be an amount equal to three-fourths of one percent (0.75%) of the total worker's compensation benefits paid in this state by the insurance carrier and self-insured employers as provided in section 46 of this chapter during the preceding calendar year, excluding medical payments. The tax shall constitute an element of loss for the purpose of establishing worker's compensation insurance rates.
Formerly: Acts 1971, P.L.356, SEC.1. As amended by P.L.144-1986, SEC.177; P.L.28-1988, SEC.71.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-48. Use of Tax Revenues; Appropriations; Payment Date

Sec. 48. (a) The tax shall be paid directly to the director who shall deposit the revenues in a special fund to be used solely for safety and health consultation, education, and training services for employer groups and for onsite consultation service as provided in section 41 of this chapter. These revenues shall not be transferable to any other fund and shall not revert to the general fund at the end of any fiscal year.
(b) Tax revenues as provided for in section 47 of this chapter shall be made available to INSafe only by appropriation of the general assembly based upon the needs of INSafe as determined by the department and submitted in the form of a budget in the manner provided by law.
(c) The annual tax payment is due and payable on or before May 1 of each year in which the tax is imposed.
Formerly: Acts 1971, P.L.356, SEC.1; Acts 1975, P.L.255, SEC.4. As amended by Acts 1982, P.L.95, SEC.11; P.L.37-1985, SEC.42; P.L.34-1988, SEC.17; P.L.32-2008, SEC.6; P.L.76-2012, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-48.1. Rules Governing Functions of Chapter

Sec. 48.1. The commissioner of labor, the occupational safety standards commission, the board of safety review, and INSafe shall have the power to make rules governing functions under this chapter, provided such rules shall not be inconsistent with this chapter or other applicable statutes.
Formerly: Acts 1973, P.L.241, SEC.51. As amended by P.L.32-2008, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-48.2. Disposition of Penalties

Sec. 48.2. All penalties and fines which may be collected shall be paid into the state general fund.
Formerly: Acts 1973, P.L.241, SEC.52.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-48.3. Construction of Chapter With Other Laws

Sec. 48.3. Nothing in this chapter shall be construed to supersede or in any manner affect any worker's compensation or occupational diseases law, or any other statutory rights, duties, or liabilities, or create any private right of action.
Formerly: Acts 1973, P.L.241, SEC.53. As amended by P.L.28-1988, SEC.72.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-48.4. Confidentiality of Trade Secrets; Violations

Sec. 48.4. (a) All information reported to or otherwise obtained by the commissioner, the designated representatives of the commissioner, the department of labor, the occupational safety standards commission, the board of safety review, INSafe, and the agents and employees of any of them that contains or might reveal a trade secret, shall be considered confidential and shall be disclosed only to such other officers or employees concerned with the functions set forth in this chapter as may be necessary for them to discharge their duties under this chapter. In any proceeding, the commissioner, the commission, the board, or a court shall issue such orders as may be appropriate, including the impoundment of files, or portions of files, to protect the confidentiality of trade secrets.
(b) No person may violate the confidentiality of trade secrets.
Formerly: Acts 1973, P.L.241, SEC.54. As amended by Acts 1978, P.L.2, SEC.2235; P.L.37-1985, SEC.43; P.L.32-2008, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-49. Violations

Sec. 49. A person who knowingly violates this chapter commits a Class B misdemeanor, except as otherwise provided.
Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.55. As amended by Acts 1978, P.L.2, SEC.2236.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-50. Title of Chapter

Sec. 50. This chapter shall be known as The Indiana Occupational Safety and Health Act (IOSHA).
Formerly: Acts 1974, P.L.1, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-51. Restriction on Assessment of Penalty

Sec. 51. (a) This section does not affect the ability or duty of the commissioner or the commissioner's designee to conduct investigations in the following circumstances:
(1) An employee requests an inspection under section 24.1 of this chapter.
(2) The commissioner receives a report of a death under section 43.1 of this chapter.
(3) The commissioner receives a report of a disaster under section 43.1 of this chapter.
(b) If:
(1) INSafe conducts an onsite consultation for an employer; and
(2) the employer complied in good faith with an act of the abatement of the particular alleged violation recommended by INSafe;
the commissioner may not assess a penalty against the employer under section 25.1 of this chapter for an alleged violation of a condition or practice that INSafe specifically examined.
(c) Subsection (b) applies only on a first inspection by the commissioner following an onsite consultation with INSafe. This section does not relieve an employer of any obligation to stay in compliance with any safety or health standard or law which changes following an onsite consultation with INSafe.
As added by P.L.220-1995, SEC.3. Amended by P.L.1-2009, SEC.128.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha) › 22-8-1.1-52. Commissioner and Employees Not Subject to Subpoena Except in Certain Circumstances

Sec. 52. This section does not apply to a subpoena requesting only documents or other records. Neither the commissioner nor any employee or former employee of the department is subject to subpoena for purposes of inquiry into any occupational safety and health inspection, except in the following circumstances:
(1) An enforcement proceeding is brought under this chapter.
(2) An action is filed in which the department is a party.
(3) The commissioner consents in writing to waive the exemption provided by this section.
(4) A court finds that:
(A) the information sought is essential to the underlying case;
(B) there are no reasonable alternative means for acquiring the information; and
(C) a significant injustice would occur if the requested testimony was not available.
As added by P.L.76-2012, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 8. Occupational Health and Safety › Chapter 4. Private Sector Construction Safety › 22-8-4-1. Contracts; Incorporation of Safety Regulations

Sec. 1. (a) This section applies to a construction, an improvement, or a maintenance project that may require the creation of a trench of at least five (5) feet in depth.
(b) IOSHA regulations 29 C.F.R. 1926, Subpart P, for trench safety systems shall be incorporated into the contract.
(c) The contract shall provide that the cost for trench safety systems shall be paid for:
(1) as a separate pay item; or
(2) in the pay item of the principal work with which the safety systems are associated.
As added by P.L.1-1990, SEC.238.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 6 of this chapter by P.L.14-1994 do not affect:
(1) rights or liabilities accrued; or
(2) proceedings begun;
before July 1, 1994. Those rights and liabilities accrued and proceedings begun shall be imposed and enforced under prior law as if P.L.14-1994 had not been enacted.
As added by P.L.220-2011, SEC.369.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-1. Title of Chapter

Sec. 1. This chapter shall be known as the Indiana Civil Rights Law.
Formerly: Acts 1961, c.208, s.1; Acts 1963, c.173, s.1; Acts 1971, P.L.357, SEC.1. As amended by P.L.86-2018, SEC.191.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-4. Civil Rights Commission; Creation

Sec. 4. (a) There is hereby created a civil rights commission composed of seven (7) members, not more than four (4) of whom shall be members of the same political party, to be appointed by the governor. In making such appointments, the governor shall take into consideration all interests in the community including but not limited to the interests of minority groups, employers, labor, and the public.
(b) Except as provided in IC 4-21.5-2, IC 4-21.5 applies to the commission.
(c) Successors to all members of the commission shall be appointed for terms of four (4) years, excepting when appointed to fill a vacancy, in which case such appointment shall be for the unexpired term.
(d) Members of the commission may be removed by the governor for cause but for no other reason.
(e) The members of the commission shall be paid per diem and travel expenses and other necessary and reasonable expenses for attendance at meetings and hearings of the commission.
Formerly: Acts 1961, c.208, s.4; Acts 1963, c.173, s.4; Acts 1969, c.298, s.3; Acts 1971, P.L.357, SEC.4. As amended by P.L.7-1987, SEC.99.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-5. Civil Rights Commission; Appointment of Members; Meetings

Sec. 5. The members of the Commission shall be appointed within thirty (30) days after the effective date of this chapter and the first meeting thereof shall be called by the member first appointed within sixty (60) days after the effective date of this chapter.
At its first meeting and at each annual meeting held thereafter, the Commission shall organize by the election of a chairman and vice chairman from its membership, each of whom, except those first elected, shall serve for a term of one (1) year and until his successor is elected.
The Commission shall hold one (1) regular meeting each month, and such called meetings as its chairman may deem to be necessary. The April meeting shall be the annual meeting.
Formerly: Acts 1961, c.208, s.5; Acts 1971, P.L.357, SEC.5. As amended by P.L.86-2018, SEC.192.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-7. Educational Programs

Sec. 7. In order to eliminate prejudice among the various racial, religious, and ethnic groups in this state and to further goodwill among such groups, the commission, in cooperation with the state department of education and the universities and colleges of the state, and such other universities and colleges as are willing to cooperate, is directed to prepare a comprehensive educational program, designed to emphasize the origin of prejudice against such minority groups, its harmful effects, its incompatibility with American principles of equality and fair play, and violation of the brotherhood of man.
Formerly: Acts 1961, c.208, s.7. As amended by P.L.20-1984, SEC.196.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-8. Civil Rights Commission; Director

Sec. 8. The governor shall select and appoint a director who shall be secretary of the commission and chief administrative officer for the commission. The director shall devote his entire time and effort to the administration of the provisions of this chapter and shall not engage in or have any interest in any business or activity which may create a conflict of interest. The salary of the director shall be fixed by the governor with the approval of the budget agency.
Formerly: Acts 1961, c.208, s.8. As amended by P.L.144-1986, SEC.178.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-9. Civil Rights Commission; Director; Oath of Office

Sec. 9. The director and the members of the commission before entering upon the discharge of their official duties shall each take and subscribe to an oath of office which shall be endorsed upon their respective certificates of appointment.
Formerly: Acts 1961, c.208, s.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-10. Public Contractors; Public Utility Franchises

Sec. 10. Every contract to which the state or any of its political or civil subdivisions is a party, including franchises granted to public utilities, shall contain a provision requiring the contractor and his subcontractors not to discriminate against any employee or applicant for employment to be employed in the performance of such contract, with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of his race, religion, color, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of the contract.
Formerly: Acts 1961, c.208, s.10; Acts 1971, P.L.357, SEC.7; Acts 1975, P.L.256, SEC.4. As amended by P.L.23-1993, SEC.133.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-11. Investigation of Complaints; Recommendations to Legislature

Sec. 11. In addition to its power to investigate the discriminatory practices referred to in this chapter, the commission may receive written complaints of violation of this chapter or other discriminatory practices based upon race, religion, color, sex, national origin, or ancestry and to investigate such complaints as it deems meritorious, or to conduct such investigation in the absence of complaints whenever it deems it in the public interest. It may transmit to the general assembly its recommendations for legislation designed to aid in the removing of such discrimination.
Formerly: Acts 1961, c.208, s.11; Acts 1974, P.L.111, SEC.3. As amended by P.L.144-1986, SEC.179.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-12. Repealed

Formerly: Acts 1961, c.208, s.11a; Acts 1967, c.276, s.4; Acts 1969, c.298, s.5; Acts 1971, P.L.357, SEC.8; Acts 1974, P.L.111, SEC.4; Acts 1975, P.L.256, SEC.5. Repealed by Acts 1978, P.L.123, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-13. Employment of Persons With Physical Disability; Discrimination; Promotion or Transfer; Physical Accommodations

Sec. 13. (a) The prohibition against discrimination in employment because of disability does not apply to failure of an employer to employ or to retain as an employee any person who because of a disability is physically or otherwise unable to efficiently and safely perform, at the standards set by the employer, the duties required in that job.
(b) After a person with a disability is employed, the employer shall not be required under this chapter to promote or transfer such person with a disability to another job or occupation, unless, prior to such transfer, such person with a disability by training or experience is qualified for such job or occupation.
(c) This section shall not be construed to require any employer to modify any physical accommodations or administrative procedures to accommodate a person with a disability.
Formerly: Acts 1975, P.L.256, SEC.6. As amended by Acts 1978, P.L.123, SEC.1; P.L.226-1985, SEC.1; P.L.23-1993, SEC.134.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-16. Election of Civil Action

Sec. 16. (a) A respondent or a complainant may elect to have the claims that are the basis for a finding of probable cause decided in a civil action as provided by section 17 of this chapter. However, both the respondent and the complainant must agree in writing to have the claims decided in a court of law. The agreement must be on a form provided by the commission.
(b) The election may not be made if the commission has begun a hearing on the record under this chapter with regard to a finding of probable cause.
As added by P.L.14-1994, SEC.4. Amended by P.L.167-1996, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-17. Filing of Civil Action; Relief; Trial by Court

Sec. 17. (a) If a timely election is made under section 16 of this chapter, the complainant may file a civil action in a circuit or superior court having jurisdiction in the county in which a discriminatory practice allegedly occurred.
(b) If the court finds that a discriminatory practice has occurred the court may grant the relief allowed under IC 22-9-1-6(j).
(c) A civil action filed under this section must be tried by the court without benefit of a jury.
As added by P.L.14-1994, SEC.5. Amended by P.L.100-2012, SEC.60.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 1. Civil Rights Enforcement › 22-9-1-18. Hearings by Commission; Appeals

Sec. 18. (a) If a timely election is not made under section 16 of this chapter, the commission shall schedule a hearing on the finding of probable cause.
(b) Except as provided in subsection (c), IC 4-21.5 governs a hearing under this section.
(c) A proceeding under this section may not continue regarding an alleged discriminatory practice after the filing of a civil action.
(d) IC 22-9-8 governs appeal of a final order issued under this section.
As added by P.L.14-1994, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-1. Definitions

Sec. 1. For the purpose of this chapter:
"Discrimination" shall mean dismissal from employment of, or refusal to employ or rehire any person because of his age, if such person has attained the age of forty (40) years and has not attained the age of seventy-five (75) years.
"Person" shall mean and include an individual, partnership, limited liability company, corporation, or association.
"Employer" shall mean and include any person in this state employing one (1) or more individuals, labor organizations, the state and all political subdivisions, boards, departments and commissions thereof, but does not include:
(1) 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
(2) a person or governmental entity which is subject to the federal Age Discrimination in Employment Act (29 U.S.C. 621 et seq.).
Formerly: Acts 1965, c.368, s.1. As amended by Acts 1979, P.L.206, SEC.3; P.L.8-1993, SEC.293; P.L.166-2009, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-2. Unfair Employment Practice; Dismissal From Employment

Sec. 2. It is declared to be an unfair employment practice and to be against public policy to dismiss from employment, or to refuse to employ or rehire, any person solely because of his age if such person has attained the age of forty (40) years and has not attained the age of seventy-five (75) years.
Formerly: Acts 1965, c.368, s.2. As amended by Acts 1979, P.L.206, SEC.4; P.L.166-2009, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-3. Unfair Employment Practice; Labor Organization Membership

Sec. 3. It is hereby declared to be an unfair employment practice for any labor organization to deny full and equal membership rights to any applicant for membership or to fail or refuse to classify properly or refer for employment any member solely because of the age of such applicant or member if such person has attained the age of forty (40) years and has not attained the age of seventy-five (75) years.
Formerly: Acts 1965, c.368, s.3. As amended by Acts 1979, P.L.206, SEC.5; P.L.166-2009, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-4. Contracts; Validity

Sec. 4. (a) Any provision in any contract, agreement or understanding entered into on or after October 1, 1965, but before October 1, 1979, which shall prevent or tend to prevent the employment of any person solely because of the person's age, who has attained the age of forty (40) years and has not attained the age of sixty-five (65) years shall be null and void.
(b) Any provision in any contract, agreement or understanding entered into after September 30, 1979, and before July 1, 2009, which prevents or tends to prevent the employment of any person solely because of the person's age, who has attained the age of forty (40) years and has not attained the age of seventy (70) years is null and void.
(c) Any provision in any contract, agreement, or understanding entered into after June 30, 2009, that prevents or tends to prevent the employment of any person who has attained forty (40) years of age and has not attained seventy-five (75) years of age solely because of the person's age is null and void.
Formerly: Acts 1965, c.368, s.4. As amended by Acts 1979, P.L.206, SEC.6; P.L.166-2009, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-5. Investigations; Inspection

Sec. 5. The commissioner of labor shall investigate all complaints of discrimination, and for such purpose the commissioner shall have full power and authority:
(1) to receive, investigate and pass upon charges of discrimination against any person employed within the state; and
(2) to enter any place of business or employment within the state for the purpose of examination and making a transcript of records in any way appertaining to or having a bearing upon the question of the age of any person so employed.
Formerly: Acts 1965, c.368, s.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-6. Record of Ages of Employees; Complaints; Hearing; Findings of Fact

Sec. 6. Every person shall keep true and accurate records of the ages of all persons employed by the person as reported by each employee, and shall upon demand furnish to the commissioner of labor, or to the authorized representative of the commissioner of labor, a true copy of any such record, verified upon oath. Such record shall be open to investigation by the commissioner at any reasonable time. If on all the testimony taken, the commissioner of labor shall make a preliminary determination that the employer has engaged in or is engaging in unfair employment practices, the commissioner shall endeavor to eliminate such unfair employment practices by informal methods of conference, conciliation and persuasion. If voluntary compliance cannot be obtained, the commissioner of labor shall be empowered to issue a complaint stating the charges and giving not less than ten (10) days' notice of hearing before the commissioner of labor at a place fixed in the notice. Any complaint issued pursuant to this section must be so issued within four (4) months after the alleged unfair employment practices were committed. The respondent shall have the right to file an answer to such complaint and may appear at such hearing with or without counsel to present evidence and to examine and cross-examine witnesses. Upon the completion of testimony at such hearing, if determination is made that unfair practices were committed, the commissioner of labor shall state the commissioner's findings of fact and, if satisfied therewith, may issue the commissioner's finding that the employer has ceased to engage in unfair employment practices.
Formerly: Acts 1965, c.368, s.6. As amended by P.L.136-2018, SEC.127.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-7. Complaint; Dismissal; Lack of Evidence

Sec. 7. If the commissioner of labor shall find no probable cause exists to substantiate the charges, or, if upon all the evidence, he shall find that an employer has not engaged in unfair employment practices, the commissioner of labor shall state in writing his findings of fact and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such employer.
Formerly: Acts 1965, c.368, s.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-8. Unfair Employment Practice; Dismissing Employee for Furnishing Evidence at Hearing

Sec. 8. It shall be an unfair employment practice for any employer to discharge an employee because he has furnished evidence in connection with a complaint under this chapter.
Formerly: Acts 1965, c.368, s.8. As amended by P.L.144-1986, SEC.180.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-10. Domestic Service; Farm Labor; Exemptions

Sec. 10. These provisions shall not apply to a person employed in private domestic service or service as a farm laborer nor to a person who is qualified for benefits under the terms or conditions of an employer retirement or pension plan or system.
Formerly: Acts 1965, c.368, s.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 2. Age Discrimination › 22-9-2-11. Conflict of Laws; Saving Clause

Sec. 11. Nothing contained herein shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of age, race or color, religion, or country of ancestral origin. Nothing herein shall be deemed to limit, restrict or affect the freedom of any employer in regard to (a) fixing compulsory retirement requirements for any class of employees at an age or ages less than seventy-five (75) years; (b) 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 therefor who, at the time he would otherwise become eligible for such benefits, is older than the age fixed in such eligibility requirements; or (c) keeping age records for any such purposes.
Formerly: Acts 1965, c.368, s.11. As amended by Acts 1979, P.L.206, SEC.7; P.L.166-2009, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-1. "Auxiliary AIDS and Services" Defined

Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following:
(1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
(2) Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments.
(3) Acquisition or modification of equipment or devices.
(4) Other similar services and actions.
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-2. "Commerce" Defined

Sec. 2. As used in this chapter, "commerce" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-4. "Covered Entity" Defined

Sec. 4. As used in this chapter, "covered entity" means an employer, an employment agency, a labor organization, or a joint labor-management committee.
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-5. "Direct Threat" Defined

Sec. 5. As used in this chapter, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-6. "Disability" and "Illegal Use of Drugs" Defined; Illegal Drug Users; Sexual Behavior

Sec. 6. (a) As used in this chapter, "disability" means with respect to an individual:
(1) a physical or mental impairment that substantially limits at least one (1) of the major life activities of the individual;
(2) a record of an impairment described in subdivision (1); or
(3) being regarded as having an impairment described in subdivision (1).
(b) As used in this subsection, "illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of a drug taken under the supervision of a licensed health care professional or another use authorized by the Controlled Substances Act (21 U.S.C. 812) or other provisions of federal law. For purposes of this chapter, an individual shall not be considered an individual with a disability solely because the individual is currently engaging in the illegal use of drugs. However, this subsection does not exclude as an individual with a disability an individual who:
(1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;
(2) is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs; or
(3) is erroneously regarded as engaging in the illegal use of drugs but is not engaging in the illegal use of drugs.
It is not a violation of this chapter for a person or other entity covered by this chapter to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subdivision (1) or (2) is no longer engaging in the illegal use of drugs. Nothing in this section shall be construed to encourage, prohibit, restrict, or authorize testing for the illegal use of drugs.
(c) Notwithstanding subsection (b), an individual shall not be denied health services or services provided in connection with drug rehabilitation on the basis of the current illegal use of drugs if the individual is otherwise entitled to those services.
(d) For purposes of this chapter, an individual shall not be considered an individual with a disability solely on the basis of the following:
(1) Homosexuality.
(2) Bisexuality.
(3) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders.
(4) Compulsive gambling, kleptomania, or pyromania.
(5) Psychoactive substance use disorders resulting from current illegal use of drugs (as defined in section 12 of this chapter).
As added by P.L.111-1992, SEC.4. Amended by P.L.99-2007, SEC.187.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-7. "Discriminate" Defined

Sec. 7. As used in this chapter, "discriminate" includes the following:
(1) Limiting, segregating, or classifying a job applicant or an employee in a way that adversely affects the opportunities or status of the applicant or employee because of the disability of the applicant or employee.
(2) Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this chapter. Such relationship includes a relationship with:
(A) an employment or a referral agency;
(B) a labor union;
(C) an organization providing fringe benefits to an employee of the covered entity; or
(D) an organization providing training and apprenticeship programs.
(3) Utilizing standards, criteria, or methods of administration:
(A) that have the effect of discrimination on the basis of disability; or
(B) that perpetuate the discrimination of others who are subject to common administrative control.
(4) Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or an association.
(5) Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity.
(6) Denying employment opportunities to a job applicant or an employee who is an otherwise qualified individual with a disability if that denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant.
(7) Using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity.
(8) Failing to select and administer tests concerning employment in the most effective manner to ensure that when the test is administered to a job applicant or an employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the skills, aptitude, or other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of the employee or applicant, except where those skills are the factors that the test purports to measure.
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-8. "Drug" Defined

Sec. 8. As used in this chapter, "drug" means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act 21 U.S.C. 812).
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-9.5. "Service Animal" Defined

Sec. 9.5. As used in this chapter, "service animal" refers to an animal trained as:
(1) a hearing animal;
(2) a guide animal;
(3) an assistance animal;
(4) a seizure alert animal;
(5) a mobility animal;
(6) a psychiatric service animal; or
(7) an autism service animal.
As added by P.L.155-2009, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-10. "Employer" Defined

Sec. 10. (a) During the time beginning July 26, 1992, and ending July 25, 1994, as used in this chapter, "employer" means a person engaged in an industry affecting commerce that has at least twenty-five (25) employees for each working day in each of at least twenty (20) calendar weeks in the current or preceding year and an agent of the person.
(b) After July 25, 1994, as used in this chapter, "employer" means a person engaged in an industry affecting commerce that has at least fifteen (15) employees for each working day in each of at least twenty (20) calendar weeks in the current or preceding year and an agent of the person.
(c) The term described in subsections (a) and (b) does not include any of the following:
(1) The United States, a corporation wholly owned by the government of the United States, or an Indian tribe.
(2) A bona fide private membership club other than a labor organization that is exempt from taxation under Section 501(c) of the Internal Revenue Code.
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-11. "Employment Agency" Defined

Sec. 11. As used in this chapter, "employment agency" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-12. "Illegal Use of Drugs" Defined

Sec. 12. As used in this chapter, "illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of a drug taken under the supervision of a licensed health care professional, other uses authorized by the Controlled Substances Act (21 U.S.C. 812), or other provisions of federal law.
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-13. "Industry Affecting Commerce" Defined

Sec. 13. As used in this chapter, "industry affecting commerce" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-14. "Labor Organization" Defined

Sec. 14. As used in this chapter, "labor organization" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-15. "Person" Defined

Sec. 15. As used in this chapter, "person" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
As added by P.L.111-1992, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 9. Civil Rights › Chapter 5. Employment Discrimination Against Disabled Persons › 22-9-5-16. "Qualified Individual With a Disability" Defined

Sec. 16. As used in this chapter, "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of this chapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job the description shall be considered evidence of the essential functions of the job.
As added by P.L.111-1992, SEC.4.