The Indiana Employment Discrimination Against Disabled Persons Act provides broad protection for applicants and employees with disabilities and is similar to the federal Americans with Disabilities Act (ADA) (IN Code Sec. 22-9-5-1 et seq.). The Employment Discrimination Against Disabled Persons Act applies to public and private employers with 15 or more employees.
The Employment Discrimination Against Disabled Persons Act defines "disability" as:
• A physical or mental impairment that substantially limits at least one major life activity
• A record of such an impairment
• Being regarded as having such an impairment
Although the ADA has similar provisions to the state law, amendments broadened the ADA's definition of "disability" and expressly changed the definition of a "regarded as" disability. Under the ADA, an individual is regarded as having a disability if he or she was subjected to an action prohibited under the ADA because of an actual or perceived impairment whether or not the impairment actually limits or is perceived to limit a major life activity.
The Employment Discrimination Against Disabled Persons Act prohibits the use of medical examinations as part of the employment application process (IN Code Sec. 22-9-5-20). Employers are not permitted, under any circumstances, to require a medical examination before an offer of employment has been made. However, employers may require physical examinations after a job offer has been made, if:
• The examination is required for all applicants for the job in question, regardless of disability.
• The examination is reasonable and necessary in light of the duties of the job in question.
• The results of the examination are maintained in a ...