Indiana Age Discrimination: What you need to know

The Indiana Age Discrimination Act prohibits discrimination on the basis of age against individuals who are at least 40 years of age, but not yet 75 (IN Code Sec. 22-9-2-1et seq.). The Act covers all employers except those that are subject to the federal Age Discrimination in Employment Act (ADEA). The ADEA covers employers with 20 or more employees and protects individuals who are at least 40 years of age with no upper age limit.
Under state law, an employer may not:
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• Dismiss or refuse to employ or rehire any person because of his or her age.
• Discharge an employee because he or she has provided evidence in connection with a complaint under the Act.
The Act specifically provides that an employer may:
• Require compulsory retirement at an age less than 75
• Exclude an employee from participation in a retirement or pension plan based on the fact that the employee is beyond a particular age when he or she would otherwise become eligible
• Keep records of an employee's age for retirement or pension purposes, or as required by state law (IN Stat. Sec. 22-9-2-11).
The federal ADEA also prohibits age discrimination, but does not have an upper age limit. The Act covers employers with 20 or more employees. Indiana employers that are covered by the ADEA are prohibited from discriminating against any individual who is 40 years of age or older. The ADEA also prohibits mandatory retirement, with certain exceptions. Additional information is available.
Public employers may make contributions for employee insurance and benefits that are equitably graduated in relation to an employee's age, if justified by actuarial standards (IN Code Sec. 5-10-8-4).
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