The Indiana Civil Rights Law does not specifically address the use of employment application forms, but it does prohibit employment practices that discriminate on the basis of race, religion, color, sex, disability, national origin, ancestry, or status as a veteran (IN Code Sec. 22-9-1-1 et seq.). The Law covers employers with six or more employees.
A separate Age Discrimination Act prohibits practices that discriminate against individuals between the ages of 40 and 75 (IN Code Sec. 22-9-2-1). This Act covers employers with one or more employees.
The Employment Discrimination Against Disabled Persons Act, covering employers with 15 or more employees, prohibits classifying applicants for employment on the basis of a disability, discriminating against qualified job applicants with a disability, or discriminating in regard to job application procedures (IN Code Sec. 22-9-5-7 and Sec. 22-9-5-19).
According to the Indiana Civil Rights Commission, employers should not use application forms that include direct or indirect questions about a protected characteristic. Additional information is available.
Retaliation prohibited. It is also unlawful for an employer to discharge, expel, or otherwise discriminate against a person who has filed a complaint, testified in any hearing before the commission, or in any way assisted the commission in any matter under its investigation.
“Disability” defined. The Civil Rights Law defines “disability” as a physical or mental condition of a person that constitutes a substantial impairment unrelated to the person's ability to engage in a particular occupation (IN Code Sec. 22-9-1-3(r)). The Employment Discrimination Against Disabled Persons Act broadens ...