Discrimination: Indiana

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP

Summary

• The Indiana Civil Rights Law prohibits the same types of discrimination as federal law but applies to public employers and private employers with six or more employees. See Indiana Antidiscrimination Laws.
• Unlawful employment discrimination includes conditioning hiring, upgrading, promotion, tenure, demotion, transfer, layoff, termination and rehiring decisions on a protected characteristic. See Discriminatory Practices.
• Employers may discriminate on the basis of sex when sex in a bona fide occupational qualification. See Sex Discrimination.
• Religious organizations are exempt from Indiana's definition of employer for purposes of the state's antidiscrimination laws. See Religious Discrimination.
• The Indiana Employment Discrimination Against Disabled Persons Act requires employers to provide reasonable accommodations to qualified individuals with a disability. See Disability Under the Indiana Employment Discrimination Against Disabled Persons Act.
• Employers must administer employment and medical tests in a manner that does not discriminate against individuals with disabilities. See Disability Under the Indiana Employment Discrimination Against Disabled Persons Act.
• The Indiana Age Discrimination Act prohibits discrimination against employees who are 40 to 74 years old. See Age Discrimination.
• Indiana has detailed administrative proceedings for discrimination complaints. See Administrative Proceedings.
• Employers cannot discriminate against job applicants or employees for off-duty tobacco use. See Smokers' Rights.
• Employers cannot discriminate against job applicants or employees based on lawful firearm possession. See Discrimination Based on Lawful Firearm Possession.
• An employee is entitled to request in writing an accommodation relating to the employee's pregnancy, childbirth or related medical condition, and the employer must respond to the employee's request within a reasonable time. See Pregnancy Accommodations.