Indiana Sex Discrimination laws & HR compliance analysis

Indiana Sex Discrimination: What you need to know

The Indiana Civil Rights Law prohibits employment practices that discriminate on the basis of sex. The Law covers all public employers and private employers with six or more employees (IN Code Sec. 22-9-1-2).
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Equal pay. Indiana has a separate Equal Pay Law that prohibits employers from paying employees of one sex less than employees of the opposite sex for work that requires equal skill, effort, and responsibility and is performed under similar working conditions. Pay differentials are permissible if based on seniority, merit, quality or quantity of production, or a system based on some factor other than sex (IN Code Sec. 22-2-2-4).
Most violations of the Equal Pay Law will also constitute sex discrimination under the Indiana Civil Rights Law.
Bona fide occupational qualification (BFOQ) exception. It is not unlawful for an employer to use employment practices that discriminate on the basis of sex if sex is a BFOQ reasonably necessary to the normal operations of the employer's business (IN Code Sec. 22-9-1-3(q)).
Sexual harassment is considered a form of illegal sex discrimination and is specifically prohibited in public employment. All state agencies are required to disseminate information regarding the nature of sexual harassment and how it may be prevented in the workplace.
In the city of Fort Wayne, it is unlawful to discriminate against any individual on the basis of sex or the individual's real or perceived sexual orientation (Fort Wayne City Code Sec. 93.016).
Indianapolis and Marion County prohibit employment discrimination based on sexual orientation or gender identity (Indianapolis-Marion County Code Ord. Sec. 581-101). The ordinance applies to all political ...

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