CHAPTER 2. AGE DISCRIMINATION
IC 22-9-2
Chapter 2. Age Discrimination
IC 22-9-2-1
Definitions
Sec. 1. For the purpose of this chapter:
"Discrimination" shall mean dismissal from employment of, orrefusal to employ or rehire any person because of his age, if suchperson has attained the age of forty (40) years and has not attainedthe age of seventy-five (75) years.
"Person" shall mean and include an individual, partnership,limited liability company, corporation, or association.
"Employer" shall mean and include any person in this stateemploying one (1) or more individuals, labor organizations, the stateand all political subdivisions, boards, departments and commissionsthereof, but does not include:
(1) religious, charitable, fraternal, social, educational orsectarian corporations, or associations not organized for privateprofit, other than labor organizations and nonsectariancorporations, or organizations engaged in social service work;or
(2) a person or governmental entity which is subject to thefederal Age Discrimination in Employment Act (29 U.S.C. 621et seq.).
(Formerly: Acts 1965, c.368, s.1.) As amended by Acts 1979,P.L.206, SEC.3; P.L.8-1993, SEC.293; P.L.166-2009, SEC.1.
IC 22-9-2-2
Unfair employment practice; dismissal from employment
Sec. 2. It is declared to be an unfair employment practice and tobe against public policy to dismiss from employment, or to refuse toemploy or rehire, any person solely because of his age if such personhas attained the age of forty (40) years and has not attained the ageof seventy-five (75) years.
(Formerly: Acts 1965, c.368, s.2.) As amended by Acts 1979,P.L.206, SEC.4; P.L.166-2009, SEC.2.
IC 22-9-2-3
Unfair employment practice; labor organization membership
Sec. 3. It is hereby declared to be an unfair employment practicefor any labor organization to deny full and equal membership rightsto any applicant for membership or to fail or refuse to classifyproperly or refer for employment any member solely because of theage of such applicant or member if such person has attained the ageof forty (40) years and has not attained the age of seventy-five (75)years.
(Formerly: Acts 1965, c.368, s.3.) As amended by Acts 1979,P.L.206, SEC.5; P.L.166-2009, SEC.3.
IC 22-9-2-4 Contracts; validity
Sec. 4. (a) Any provision in any contract, agreement orunderstanding entered into on or after October 1, 1965, but beforeOctober 1, 1979, which shall prevent or tend to prevent theemployment of any person solely because of the person's age, whohas attained the age of forty (40) years and has not attained the ageof sixty-five (65) years shall be null and void.
(b) Any provision in any contract, agreement or understandingentered into after September 30, 1979, and before July 1, 2009,which prevents or tends to prevent the employment of any personsolely because of the person's age, who has attained the age of forty(40) years and has not attained the age of seventy (70) years is nulland void.
(c) Any provision in any contract, agreement, or understandingentered into after June 30, 2009, that prevents or tends to prevent theemployment of any person who has attained forty (40) years of ageand has not attained seventy-five (75) years of age solely because ofthe person's age is null and void.
(Formerly: Acts 1965, c.368, s.4.) As amended by Acts 1979,P.L.206, SEC.6; P.L.166-2009, SEC.4.
IC 22-9-2-5
Investigations; inspection
Sec. 5. The commissioner of labor shall investigate all complaintsof discrimination, and for such purpose the commissioner shall havefull power and authority:
(1) to receive, investigate and pass upon charges of discriminationagainst any person employed within the state; and
(2) to enter any place of business or employment within the statefor the purpose of examination and making a transcript of records inany way appertaining to or having a bearing upon the question of theage of any person so employed.
(Formerly: Acts 1965, c.368, s.5.)
IC 22-9-2-6
Record of ages of employees; complaints; hearing; findings of fact
Sec. 6. Every person shall keep true and accurate records of theages of all persons employed by him as reported by each employee,and shall upon demand furnish to the commissioner of labor, or hisauthorized representative, a true copy of any such record, verifiedupon oath. Such record shall be open to investigation by thecommissioner at any reasonable time. If on all the testimony taken,the commissioner of labor shall make a preliminary determinationthat the employer has engaged in or is engaging in unfairemployment practices, the commissioner shall endeavor to eliminatesuch unfair employment practices by informal methods ofconference, conciliation and persuasion. If voluntary compliancecannot be obtained, the commissioner of labor shall be empoweredto issue a complaint stating the charges and giving not less than ten(10) days' notice of hearing before the commissioner of labor at a
place therein fixed. Any complaint issued pursuant to this sectionmust be so issued within four (4) months after the alleged unfairemployment practices were committed. The respondent shall havethe right to file an answer to such complaint and may appear at suchhearing with or without counsel to present evidence and to examineand cross-examine witnesses. Upon the completion of testimony atsuch hearing, if determination is made that unfair practices werecommitted, the commissioner of labor shall state his findings of factand, if satisfied therewith, may issue his finding that the employerhas ceased to engage in unfair employment practices.
(Formerly: Acts 1965, c.368, s.6.)
IC 22-9-2-7
Complaint; dismissal; lack of evidence
Sec. 7. If the commissioner of labor shall find no probable causeexists to substantiate the charges, or, if upon all the evidence, heshall find that an employer has not engaged in unfair employmentpractices, the commissioner of labor shall state in writing hisfindings of fact and shall issue and cause to be served on thecomplainant an order dismissing the said complaint as to suchemployer.
(Formerly: Acts 1965, c.368, s.7.)
IC 22-9-2-8
Unfair employment practice; dismissing employee for furnishingevidence at hearing
Sec. 8. It shall be an unfair employment practice for any employerto discharge an employee because he has furnished evidence inconnection with a complaint under this chapter.
(Formerly: Acts 1965, c.368, s.8.) As amended by P.L.144-1986,SEC.180.
IC 22-9-2-9
Repealed
(Repealed by P.L.166-2009, SEC.6.)
IC 22-9-2-10
Domestic service; farm labor; exemptions
Sec. 10. These provisions shall not apply to a person employed inprivate domestic service or service as a farm laborer nor to a personwho is qualified for benefits under the terms or conditions of anemployer retirement or pension plan or system.
(Formerly: Acts 1965, c.368, s.10.)
IC 22-9-2-11
Conflict of laws; saving clause
Sec. 11. Nothing contained herein shall be deemed to repeal anyof the provisions of any law of this state relating to discriminationbecause of age, race or color, religion, or country of ancestral origin.Nothing herein shall be deemed to limit, restrict or affect the freedom
of any employer in regard to (a) fixing compulsory retirementrequirements for any class of employees at an age or ages less thanseventy-five (75) years; (b) fixing eligibility requirements forparticipation in, or enjoyment by employees of, benefits under anyannuity plan or pension or retirement plan on the basis that anyemployee may be excluded from eligibility therefor who, at the timehe would otherwise become eligible for such benefits, is older thanthe age fixed in such eligibility requirements; or (c) keeping agerecords for any such purposes.
(Formerly: Acts 1965, c.368, s.11.) As amended by Acts 1979,P.L.206, SEC.7; P.L.166-2009, SEC.5.