Interviewing and Selecting Job Candidates: 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

• Employers cannot base hiring decisions on characteristics protected by Indiana antidiscrimination laws. See Indiana's Antidiscrimination Laws.
• Indiana employers may ask a job applicant to provide a copy of a "termination letter" issued by the applicant's previous employer. See Reference Checks.
• Inquiries into a job applicant's criminal history generally are permitted, but the state does have a few limitations as well. See Arrests and Convictions.
• Employers should be aware that some job applicants may have taken steps to restrict employers from accessing their criminal history. See Arrests and Convictions.
• Indiana employers that are parties to public contracts must use the federal E-Verify system when checking a job applicant's work authorization, and may ask if the applicant is authorized to work in the US as a result. See Immigration.
• There are steps employers can take during the interviewing and selection process to shield themselves from negligent hiring and retention lawsuits. See Negligent Hiring.
• Localities including Bloomington, Fort Wayne and South Bend have requirements pertaining to interviewing and selecting job candidates.See Local Requirements.