reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-5 - Discovery

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 5.
Pursuant to Rule 28(F) of the Indiana Rules of Procedure as adopted by the Indiana supreme court, whenever a public hearing is held before an administrative law judge pursuant to this rule, parties shall be entitled to all discovery provisions of Rules 26 through 37 of the Indiana Rules of Procedure.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-6 - Subpoenas

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  4-21.5-6; IC 22-9.5
Sec. 6.
(a) This section governs the issuance of subpoenas in administrative proceedings under this rule. Except for time periods stated in this article, to the extent that this section conflicts with procedures for the issuance of subpoenas in civil action in the Indiana state courts where the discriminatory housing practice took place, the Indiana Rules of Trial Procedure apply.
(b) Upon the written request of a party, the ICRC may issue a subpoena requiring the following:
(1) The attendance of a witness for the purpose of giving testimony at a deposition.
(2) The attendance of a witness for the purpose of giving testimony at a hearing.
(3) The production of relevant books, papers, documents, or tangible items.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-7 - Prehearing procedures

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  4-21.5-3-19; IC 22-9.5
Sec. 7.
(a) Before the commencement of the hearing, the administrative law judge may direct parties to file prehearing statements.
(b) The prehearing statement must state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following:
(1) Issues involved in the proceeding.
(2) Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible.
(3) Facts in dispute.
(4) Witnesses, together with a summary of the testimony expected, and exhibits to be presented at the hearing.
(5) A brief statement of applicable law.
(6) Conclusions to be drawn.
(7) Estimated time required for presentation of the party's case.
(8) Such other information as may assist in the disposition of the proceeding.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-9 - Dismissals and decisions

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  4-21.5-3; IC  22-9.5-6-6; IC  22-9.5-6-12
Sec. 9.
(a) If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under IC  22-9.5-6-12, the administrative law judge shall dismiss the administrative proceeding.
(b) An administrative law judge may not continue an administrative proceeding under this rule regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under an act of Congress or a state law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under IC  22-9.5-6-6 does not affect administrative proceedings under this rule.
(c) The administrative law judge shall issue an initial decision in accordance with IC  4-21.5-3-27.
(d) IC  4-21.5-3-28 and IC  4-21.5-3-29 apply to the ICRC's review of the initial decision issued by the administrative law judge, objections, and final decisions of the ICRC.
(e) At any time before the issuance of a final decision, the parties may submit an agreement resolving the charge. The agreement must be signed by the respondent, the aggrieved person upon whose behalf the charge was issued, and the director if he or she is a party or an intervenor. The administrative law judge shall accept the agreement by issuing an initial decision based on the agreed findings. The submission of an agreement resolving the charge constitutes a waiver of any right to challenge or contest the validity of a decision entered in accordance with the agreement.
(f) If the commissioners remand the decision for further proceedings, such remand shall be conducted in accordance with IC  4-21.5-3-29(g).
(g) Following the issuance of the final decision, any prevailing party except the ICRC may apply for attorney's fees and costs. The administrative law judge shall issue an initial decision awarding or denying such fees and costs. The initial decision shall become the final decision of the ICRC unless the ICRC reviews the initial decision and issues a final decision on fees and costs within thirty (30) days. The recovery of reasonable attorney's fees and costs will be permitted as follows:
(1) If the respondent is the prevailing party an intervenor shall be liable for reasonable attorney's fees and costs only to the extent that the intervenor's participation in the administrative proceeding is frivolous, vexatious, or was for the purpose of harassment.
(2) To the extent that an intervenor is the prevailing party, the respondent shall be liable for reasonable attorney's fees and costs unless special circumstances make the recovery of such fees and costs unjust.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 7 - Administrative Proceedings › Section 7-10 - Judicial review and enforcement of final decision

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  4-21.5-5; IC  4-21.5-6; IC  22-9-1; IC 22-9.5
Sec. 10.
(a) Any party adversely affected by a final decision under section 9 of this rule may file a petition in the appropriate state court for review of the decision under IC  4-21.5-5.
(b) Following the issuance of a final decision under section 9 of this rule, the ICRC may petition the appropriate state court for the enforcement of the final decision in accordance with IC  4-21.5-6.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-1 - Policy

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  22-9.5-3-4; IC  22-9.5-5-2
Sec. 1.
IC 22-9.5 makes it unlawful to discriminate in:
(1) the sale, rental, and financing of housing;
(2) the provision of brokerage and appraisal service; because of race, color, religion, sex, handicap, familial status, or national origin. IC  22-9.5-5-2 makes it unlawful to make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination. However, the prohibitions of IC 22-9.5 regarding familial status do not apply with respect to housing for older persons as defined in IC  22-9.5-3-4.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-2 - Purpose

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 2.
The purpose of this rule is to assist all advertising media, advertising agencies, and other persons who use advertising to make, print, or publish or cause to be made, printed, or published advertisements with respect to the sale, rental, or financing of dwellings which are in compliance with the requirements of IC 22-9.5. This rule also describes the matters the ICRC will review in evaluating compliance with IC 22-9.5 in connection with investigations of complaints alleging discriminatory housing practices involving advertising.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-3 - Scope

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 3.
(a) This rule describes the matters the ICRC will review in evaluating compliance with IC 22-9.5 in connection with investigations of complaints alleging discriminatory housing practices involving advertising. Use of this rule will be considered by the director in making determinations as to whether there is reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.
(b) This rule provides criteria for use by advertising media in determining whether to accept and publish advertising regarding sales or rental transactions. Use of this rule will be considered by the director in making a determination as to whether there is reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.
(c) A failure by a person placing an advertisement to use the criteria contained in this rule, when found in connection with the investigation of a complaint alleging making or using discriminatory advertisements, shall be considered by the director in making a determination of reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.
(d) Nothing in this rule shall be construed to restrict advertising efforts designed to attract persons to dwellings who would not ordinarily be expected to apply, when such efforts are pursuant to an affirmative marketing program or undertaken to remedy the effects of prior discrimination in connection with the advertising or marketing of dwellings.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-4 - Use of words, phrases, symbols, and visual aids

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC  22-9.5-3-4
Sec. 4.
The words, phrases, symbols, and forms listed in this section typify those most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations. In considering a complaint under IC 22-9.5, the ICRC will normally consider the use of the following comparable words, phrases, symbols, and forms to indicate a possible violation of IC 22-9.5 and to establish a need for further proceedings on the complaint if it is apparent from the context of the usage that discrimination within the meaning of IC 22-9.5 is likely to result:
(1) Words descriptive of dwelling, landlord, and tenants, including, but not limited to, the following:
(A) White private home.
(B) Colored home.
(C) Jewish home.
(D) Hispanic residence.
(E) Adult building.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-5 - Selective use of advertising media or content

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 5.
The selective use of advertising media or content when particular combinations thereof are used exclusively with respect to various housing developments or sites can lead to discriminatory results and may indicate a violation of IC 22-9.5. For example, the use of English language media alone or the exclusive use of media catering to the majority population in an area, when, in such area, there are also available non-English language or other minority media may have discriminatory impact. Similarly, the selective use of human models in advertisements may have discriminatory impact. The following are examples of the selective use of advertisement which may be discriminatory:
(1) Selective geographic advertisement may involve the following:
(A) Strategic placement of billboards.
(B) Brochure advertisements distributed within a limited geographic area by hand or in the mail.
(C) Advertising in particular geographic coverage editions of major metropolitan newspapers or in newspapers of limited circulation which are mainly advertising vehicles for reaching a particular segment of the community.
(D) Displays or announcements available only in selected sales office
[sic., offices]
.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-6 - Fair housing policy and practices

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 6.
(a) In the investigation of complaints, the director will consider the implementation of fair housing policies and practices provided in this section as evidence of compliance with the prohibitions against discrimination in advertising under IC 22-9.5.
(b) All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement, or slogan as a means of educating the home-seeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin. The choice of logotype, statement, or slogan will depend on the type of media used (visual or auditory) and, in space advertising in regularly printed media such as newspapers or magazines, on the size of the advertisement. Section 7(b) of this rule provides suggested use of the logotype, statement, or slogan and size of the logotype. Section 7(c) of this rule contains examples of the suggested Equal Housing Opportunity logotype, statement, or slogan.
(c) Human models in photographs, drawings, or other graphic techniques may not be used to indicate exclusiveness because of race, color, religion, sex, handicap, familial status, or national origin. If models are used in display advertising campaigns, the models should be clearly definable as reasonably representing majority and minority groups in the metropolitan area, both sexes, and, when appropriate, families with children. Models, if used, should portray persons in an equal social setting and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, handicap, familial status, or national origin, and is not for the exclusive use of one (1) such group.
(d) Where the Equal Housing Opportunity statement is used, the advertisement may also include a statement regarding the coverage of any federal or local fair housing or human rights ordinance prohibiting discrimination in the sale, rental, or financing of a dwelling.
(e) All publishers of advertisements, advertising agencies, and firms engaged in the sale, rental, or financing of real estate should provide a printed copy of their nondiscrimination policy to each employee and officer.
(f) All publishers of advertisements and advertising agencies shall:
(1) post a copy of their nondiscrimination policy in a conspicuous location wherever persons place advertising; and
(2) have copies available for all firms and persons using their advertising services.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 8 - Fair Housing Advertising › Section 8-7 - Suggested use of logotypes, statements, slogans, or publisher's notices for advertising

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 7.
(a) This section contains information which may serve as a guide for the use of the Equal Housing Opportunity logotype, statement, slogan, or publisher's notice for advertising.
(b) A simple formula can guide the real estate advertiser in using the Equal Housing Opportunity logotype, statement, or slogan, including the following:
(1) In all space advertising (advertising in regularly printed media such as newspapers or magazines), the following standards shall be used:
Size of Advertisement
Size of Logotype in Inches
1/2 page or larger
2 × 2
1/8 page up to 1/2 page
1 × 1
4 column inches to 1/8 page
1/2 × 1/2
Less than 4 column inches
(')
(2) In any other advertisements, if other logotypes are use
[sic., used]
in the advertisement, then the Equal Housing Opportunity logotype should be a size at least equal to the largest of the other logotypes; if no other logotypes are used, then the type should be bold display face which is clearly visible. Alternatively, when no other logotypes are used, three percent (3%) to five percent (5%) of an advertisement may be devoted to a statement of the equal housing opportunity policy.
(3) In space advertising which is less than four (4) column inches (one (1) column four (4) inches long or two (2) columns two (2) inches long) of a page in size, the Equal Housing Opportunity slogan should be used. Such an advertisement may be grouped with other advertisements under a caption which states that the housing is available to all without regard to race, color, religion, sex, handicap, familial status, or national origin.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 2 - FAIR HOUSING COMPLAINTS › Rule 9 - Fair Housing Poster › Section 9-1 - Fair housing poster

Current through July 10, 2024
Authority: IC  22-9.5-4-2
Affected: IC 22-9.5
Sec. 1.
(a) This rule contains procedures established by the ICRC with respect to the display of a fair housing poster by persons subject to IC 22-9.5.
(b) All persons subject to IC 22-9.5 shall post and maintain a fair housing poster at all their places of business that participate in the covered activities.
(c) All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate related transactions or brokerage services as contemplated by IC 22-9.5.
(d) The fair housing poster shall be eleven (11) inches by fourteen (14) inches and shall bear the following legend:
Click
				  here to view Image
EQUAL HOUSING OPPORTUNITY
We Do Business In Accordance With The Fair Housing Act
(The Indiana Civil Rights Law, as amended by the Fair Housing Amendments Act of 1990 and 1992)
IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS (HAVING ONE OR MORE CHILDREN), OR NATIONAL ORIGIN
* In the sale or rental of housing or residential lots
* In advertising the sale or rental of housing
* In the financing of housing
* In the appraisal of housing
* In the provision of real estate brokerage services
Anyone who feels he or she has been discriminated against should send a complaint to:
Indiana Civil Rights Commission
Indiana Government Center-North
100 North Senate Avenue, Room 103
Indianapolis, Indiana 46204
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 1 - Purpose; Applicability; Construction › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 1.
The purpose of this article is to implement IC  22-9-5 that requires equal employment opportunities for qualified individuals with disabilities.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 1 - Purpose; Applicability; Construction › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5-4
Sec. 2.
This article applies to covered entities as defined at IC  22-9-5-4(c).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 1 - Purpose; Applicability; Construction › Section 1-3 - Construction

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 3.
(a) Except as otherwise provided in this article, this article does not apply a lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973 ( 29 U.S.C. 790-794a ), or the regulations issued by federal agencies pursuant to that title.
(b) This article does not invalidate or limit the remedies, rights, and procedures of any state law or political subdivision of the state or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this article.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-2 - "Commerce" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 2.
"Commerce" has the meaning as set forth in Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 20000e ).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-3 - "Direct threat" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 3.
"Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a direct threat shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In determining whether an individual would pose a direct threat, the following factors must be considered:
(1) The duration of the risk.
(2) The nature and severity of the potential harm.
(3) The likelihood that the potential harm will occur.
(4) The imminence of the potential harm.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-4 - "Disability" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 4.
(a) "Disability" does not include an individual currently engaging in the illegal use of drugs when the covered entity acts on the basis of such use. The following definitions apply throughout this section:
(1) "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 ).
(2) "Illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act as periodically updated by the Food and Drug Administration. The term does not include the use of a drug taken under the supervision of a licensed health care professional or other uses authorized by the Controlled Substances Act or other provisions of federal law.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-5 - "Employment agency" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 5.
"Employment agency" has the meaning as set forth in Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 20000e ).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-6 - "Essential functions" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 6.
(a) "Essential functions" means the fundamental job duties of the employment position the individual with a disability holds or desires. The term does not include the marginal functions of the position. A job function may be considered essential for any of several reasons, including, but not limited to, the following:
(1) The function may be essential because the reason the position exists is to perform that function.
(2) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed.
(3) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-7 - "Has a record of such impairment" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 7.
"Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities. Is regarded as having such an impairment means:
(1) has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation;
(2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
(3) has none of the impairments defined in section 10 of this rule but is treated by a covered entity as having a substantially limiting impairment.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-8 - "Industry affecting commerce" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 8.
"Industry affecting commerce" has the meaning as set forth in Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 20000e ).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-9 - "Major life activity" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 9.
"Major life activity" means a function, such as the following:
(1) Caring for oneself.
(2) Performing a manual task.
(3) Walking.
(4) Seeing.
(5) Hearing.
(6) Speaking.
(7) Breathing.
(8) Learning.
(9) Working.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-10 - "Person" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 10.
"Person" has the meaning as set forth in Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 20000e ).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-11 - "Physical or mental impairment" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 11.
"Physical or mental impairment" means the following:
(1) Any physiological disorder, condition, cosmetic disfigurement, or anatomical loss affecting one (1) or more of the following body systems:
(A) Neurological.
(B) Musculoskeletal.
(C) Special sense organs.
(D) Respiratory, including speech organs.
(E) Cardiovascular.
(F) Reproductive.
(G) Digestive.
(H) Genito-urinary.
(I) Hemic and lymphatic.
(J) Skin.
(K) Endocrine.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-12 - "Qualification standards" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 12.
"Qualification standards" means the personal and professional attributes, including:
(1) skill;
(2) experience;
(3) education;
(4) physical;
(5) medical;
(6) safety; and
(7) other requirements; established by a covered entity as requirements that an individual must meet in order to be eligible for the position held or desired.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-13 - "Qualified individual with a disability" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 13.
(a) "Qualified individual with a disability" means an individual with a disability:
(1) who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires; and
(2) with or without reasonable accommodation, can perform the essential functions of such position.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-14 - "Reasonable accommodation" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 14.
(a) "Reasonable accommodation" means modifications or adjustments:
(1) to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires;
(2) to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
(3) that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-15 - "Substantially limits" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 15.
(a) "Substantially limits" means the following:
(1) An individual is unable to perform a major life activity that the average person in the general population can perform.
(2) An individual is significantly restricted as to the condition, manner, or duration under which he or she can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 2 - Definitions › Section 2-16 - "Undue hardship" defined

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 16.
(a) "Undue hardship", with respect to the provision of an accommodation, means significant difficulty or expense incurred by a covered entity when considered in light of the factors as set forth in section 13 of this rule.
(b) In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include the following:
(1) The nature and net cost of the accommodation needed under this rule, taking into consideration the availability of tax credits and deductions or outside funding.
(2) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources.
(3) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type, and location of its facilities.
(4) The type of operation or operations of the covered entity, including the following:
(A) Composition, structure, and function of the workforce of such entity.
(B) The geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity.
(5) The impact of the accommodation upon the operation of the facility, including the following:
(A) The impact on the ability of other employees to perform their duties.
(B) The impact on the facility's ability to conduct business.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-1 - Discrimination prohibited

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 1.
(a) It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual with a disability in regard to the following:
(1) Recruitment, advertising, and job application procedures.
(2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring.
(3) Rates of pay or any other form of compensation and changes in compensation.
(4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.
(5) Leave of absence, sick leave, or any other leave.
(6) Fringe benefits available by virtue of employment, whether or not administered by the covered entity.
(7) Selection and financial support for training, including the following:
(A) Apprenticeships.
(B) Professional meetings, conferences, and other related activities.
(C) Selection for a leave of absence to pursue training.
(8) An activity sponsored by a covered entity, including social and recreational programs.
(9) Any other term, condition, or privilege of employment.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-2 - Limiting; segregating; classifying

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 2.
It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-3 - Contractual or other arrangements

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 3.
(a) It is unlawful for a covered entity to participate in a contractual or other arrangement or relationship that has the effect of subjecting the covered entity's own qualified applicant or employee with a disability to the discrimination prohibited by this article.
(b) As used in this section, "contractual or other arrangement or relationship" includes, but is not limited to, the following:
(1) A relationship with an employment or referral agency.
(2) A labor union, including collective bargaining agreements.
(3) An organization providing fringe benefits to an employee of the covered entity.
(4) An organization providing training and apprenticeship programs.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-4 - Standards, criteria, or methods of administration

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 4.
It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, and that:
(1) have the effect of discriminating on the basis of disability; or
(2) perpetuate the discrimination of others who are subject to common administrative control.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-5 - Relationship or association with an individual with a disability

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 5.
It is unlawful for a covered entity to exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social, or other relationship or association.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-6 - Not making reasonable accommodation

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 6.
(a) It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business.
(b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to make reasonable accommodation to such individual's physical or mental impairments.
(c) A covered entity shall not be excused from the requirements of this article because of any failure to receive technical assistance authorized by Section 506 of the Americans with Disability Act, including any failure in the development or dissemination of any technical assistance manual authorized by that Act.
(d) A qualified individual with a disability is not required to accept an accommodation, aid, service, opportunity, or benefit which such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity, or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered a qualified individual with a disability.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-7 - Qualification standards, tests, and other selection criteria

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 7.
It is unlawful for a covered entity to use 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, on the basis of disability, 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.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-8 - Administration of tests

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 8.
It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-9 - Retaliation and coercion

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 9.
(a) It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this article or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this article.
(b) It is unlawful to coerce, intimidate, threaten, harass, or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this article.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-10 - Prohibited medical examinations and inquiries

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 10.
(a) Except as permitted by section 11 of this rule, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of such disability.
(b) Except as permitted by section 11 of this rule, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability or as to the nature or severity of such disability.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-11 - Medical examinations and inquiries specifically permitted

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 11.
(a) A covered entity may:
(1) make preemployment inquiries into the ability of an applicant to perform job-related functions; or
(2) ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-12 - Defenses

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 12.
Defenses to an allegation of discrimination under this section may include, but are not limited to, the following:
(1) It may be a defense to a charge of disparate treatment brought under sections 1 through 5 and 8 through 9 of this rule that the challenged action is justified by a legitimate, nondiscriminatory reason.
(2) It may be a defense to a charge of discrimination, as described in section 7 of this rule, that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished with reasonable accommodation, as required in this article.
(3) It may be a defense to a charge of discrimination brought under this article that a uniformly applied standard, criterion, or policy has a disparate impact on an individual with a disability or a class of individuals with disabilities that the challenged standard, criterion, or policy has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished with reasonable accommodation, as required in this article.
(4) It may be a defense to a charge of discrimination, as described in section 6 of this rule, that a requested or necessary accommodation would impose an undue hardship on the operation of the covered entity's business.
(5) It may be a defense to a charge of discrimination under this article that:
(A) a challenged action is required or necessitated by another federal law or regulation; or
(B) another federal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this article.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-13 - Specific activities permitted

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 13.
A religious corporation, association, educational institution, or society is permitted to give preference in employment to individuals of a particular religion to perform work connected with the carrying on by that corporation, association, educational institution, or society of its activities. A religious entity may require that all applicants and employees conform to the religious tenets of such organization. However, a religious entity may not discriminate against a qualified individual who satisfies the permitted religious criteria because of his or her disability.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-14 - Alcohol and drugs

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC 22-9-5
Sec. 14.
With regard to alcohol and drugs, a covered entity may do the following:
(1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees.
(2) Require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace.
(3) Require that all employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988 ( 41 U.S.C. 701 et seq.).
(4) Hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior to which the entity holds its other employees, even if any unsatisfactory performance or behavior is related to the employee's drug use or alcoholism.
(5) Require that its employees employed in an industry subject to such regulations comply with the standards established in the regulations (if any) of the:
(A) Departments of Defense and Transportation; and
(B) Nuclear Regulatory Commission; regarding alcohol and the illegal use of drugs.
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-15 - Drug testing

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 15.
(a) For purposes of this section, a test to determine the illegal use of drugs is not considered a medical examination. Thus, the administration of such a drug test by a covered entity to a job applicant or employee is not a violation of section 10 of this rule. However, this section does not encourage, prohibit, or authorize a covered entity to conducts
[sic.]
drug test of s
[sic.]
job applicant or employee to determine the illegal use of drugs or to make an employment decision based on such test results.
(b) This section does not encourage, prohibit, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to do the following:
(1) Test employees of entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs or for on-duty impairment by alcohol.
(2) Remove from safety-sensitive positions persons who test positive for illegal use of drugs or on-duty impairment by alcohol under subdivision (1).
Indiana Administrative Code › Title 910 - CIVIL RIGHTS COMMISSION › Article 3 - EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS › Rule 3 - General Provisions › Section 3-16 - Smoking

Current through July 10, 2024
Authority: IC  22-9-5-27
Affected: IC  22-9-5
Sec. 16.
A covered entity may prohibit or impose restrictions on smoking in places of employment. Such restrictions do not violate any provision of this article.