CHAPTER 3. BLACKLISTING
IC 22-5-3
Chapter 3. Blacklisting
IC 22-5-3-1
Disclosure of information after employee's discharge
Sec. 1. (a) A person who, after having discharged any employeefrom his service, prevents the discharged employee from obtainingemployment with any other person commits a Class C infraction andis liable in penal damages to the discharged employee to berecovered by civil action; but this subsection does not prohibit aperson from informing, in writing, any other person to whom thedischarged employee has applied for employment a truthfulstatement of the reasons for the discharge.
(b) An employer that discloses information about a current orformer employee is immune from civil liability for the disclosure andthe consequences proximately caused by the disclosure, unless it isproven by a preponderance of the evidence that the informationdisclosed was known to be false at the time the disclosure was made.
(c) Upon written request by the prospective employee, theprospective employer will provide copies of any writtencommunications from current or former employers that may affectthe employee's possibility of employment with the prospectiveemployer. The request must be received by the prospective employernot later than thirty (30) days after the application for employmentis made to the prospective employer.
(Formerly: Acts 1889, c.166, s.1.) As amended by Acts 1978, P.L.2,SEC.2227; P.L.218-1995, SEC.1.
IC 22-5-3-2
Railroads; damages; exemplary damages
Sec. 2. If any railway company or any other company, partnership,limited liability company, or corporation in this state shall authorize,allow or permit any of its or their agents to black-list any dischargedemployees, or attempt by words or writing, or any other meanswhatever, to prevent such discharged employee, or any employeewho may have voluntarily left said company's service, from obtainingemployment with any other person, or company, said company shallbe liable to such employee in such sum as will fully compensate him,to which may be added exemplary damages.
(Formerly: Acts 1889, c.166, s.2; Acts 1895, c.110, s.1.) As amendedby P.L.8-1993, SEC.289.
IC 22-5-3-3
Protection of employees reporting violations of federal, state, orlocal laws; disciplinary actions; procedures
Sec. 3. (a) An employee of a private employer that is under publiccontract may report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as
defined in IC 36-1-2-13); or
(4) the misuse of public resources;
concerning the execution of public contract first to the privateemployer, unless the private employer is the person whom theemployee believes is committing the violation or misuse of publicresources. In that case, the employee may report the violation ormisuse of public resources in writing to either the private employeror to any official or agency entitled to receive a report from the stateethics commission under IC 4-2-6-4(b)(2)(G) or IC 4-2-6-4(b)(2)(H).If a good faith effort is not made to correct the problem within areasonable time, the employee may submit a written report of theincident to any person, agency, or organization.
(b) For having made a report under subsection (a), an employeemay not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefitswithheld;
(3) be transferred or reassigned;
(4) be denied a promotion that the employee otherwise wouldhave received; or
(5) be demoted.
(c) Notwithstanding subsections (a) through (b), an employeemust make a reasonable attempt to ascertain the correctness of anyinformation to be furnished and may be subject to disciplinaryactions for knowingly furnishing false information, includingsuspension or dismissal, as determined by the employer. However,any employee disciplined under this subsection is entitled to processan appeal of the disciplinary action as a civil action in a court ofgeneral jurisdiction.
(d) An employer who violates this section commits a Class Ainfraction.
As added by P.L.32-1987, SEC.3. Amended by P.L.9-1990, SEC.14.