Indiana Hiring laws & HR compliance analysis

Indiana Hiring: What you need to know

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 (IN Code Sec. 22-9-1-1 et seq.).
The Employment Discrimination Against Disabled Persons Act prohibits employment discrimination based on disability and applies to employers with 15 or more employees (IN Code Sec. 22-9-5-19).
The Indiana Age Discrimination Act prohibits employment discrimination against individuals between the ages of 40 and 75 (IN Code Sec. 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).
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Employers may not require as a condition of employment that an applicant or employee refrain from using tobacco products during nonworking hours (IN Code Ann. Sec. 22-5-4-1 et seq.). Employers are prohibited from discriminating against an applicant or employee based on off-duty use of tobacco products with respect to compensation, benefits, or other terms or conditions of employment. Employers are permitted to use financial incentives related to health benefits to encourage employees to reduce their tobacco use.
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 (IN Code Sec. 22-9-1-3(q) ). The BFOQ exception applies only in limited circumstances, and in general, courts have been extremely reluctant to sanction ...

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