Indiana Hiring laws & HR compliance analysis

Indiana Hiring: What you need to know

Discrimination. The Indiana Civil Rights Act prohibits hiring practices that discriminate based on race, religion, color, sex, disability, national origin, ancestry, or status as a veteran. The Act covers employers with six or more employees (Ind. Code § 22-9-1-1 et seq.). More information is available at the Indiana Discrimination section.
Disabilities. The Employment Discrimination Against Disabled Persons Act prohibits employment discrimination based on disability and applies to employers with 15 or more employees (Ind. Code § 22-9-5-19). More information is available at theIndiana Disabilities (ADA) section.
Age. The Indiana Age Discrimination Act prohibits employment discrimination against individuals between the ages of 40 and 75 (Ind. Code § 22-9-2-2). The Act covers employers with one or more employees, but it does not apply to employers that are subject to the federal Age Discrimination in Employment Act (ADEA) (e.g., private employers with at least 20 employees). More information is available at the Indiana Age Discrimination section.
It is not unlawful for an employer to hire and employ employees based on sex if sex is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the employer's business (Ind. Code § 22-9-1-3(q) ). The BFOQ exception applies only in limited circumstances, and in general, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds. Employers should use caution in relying on the BFOQ rationale and should always consult with legal counsel before making employment decisions based on a BFOQ.
Veterans’ preference. Employers are entitled to create and use a veterans’ preference employment ...

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