IC 22-9-2-1 Definitions
Sec. 1. For the purpose of this chapter:
"Discrimination" shall mean dismissal from employment of, or
refusal to employ or rehire any person because of his age, if such
person has attained the age of forty (40) years and has not attained
the 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 state
employing one (1) or more individuals, labor organizations, the state
and all political subdivisions, boards, departments and commissions
thereof, but does not include:
(1) religious, charitable, fraternal, social, educational or
sectarian corporations, or associations not organized for private
profit, other than labor organizations and nonsectarian
corporations, or organizations engaged in social service work;
or
(2) a person or governmental entity which is subject to the
federal Age Discrimination in Employment Act (29 U.S.C. 621
et 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 to
be against public policy to dismiss from employment, or to refuse to
employ or rehire, any person solely because of his age if such person
has attained the age of forty (40) years and has not attained the age
of 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 practice
for any labor organization to deny full and equal membership rights
to any applicant for membership or to fail or refuse to classify
properly or refer for employment any member solely because of the
age of such applicant or member if such person has attained the age
of 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 or
understanding entered into on or after October 1, 1965, but before
October 1, 1979, which shall prevent or tend to prevent the
employment of any person solely because of the person's age, who
has attained the age of forty (40) years and has not attained the age
of sixty-five (65) years shall be null and void.
(b) Any provision in any contract, agreement or understanding
entered into after September 30, 1979, and before July 1, 2009,
which prevents or tends to prevent the employment of any person
solely 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 null
and void.
(c) Any provision in any contract, agreement, or understanding
entered into after June 30, 2009, that prevents or tends to prevent the
employment of any person who has attained forty (40) years of age
and has not attained seventy-five (75) years of age solely because of
the 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 complaints
of discrimination, and for such purpose the commissioner shall have
full power and authority:
(1) to receive, investigate and pass upon charges of discrimination
against any person employed within the state; and
(2) to enter any place of business or employment within the state
for the purpose of examination and making a transcript of records in
any way appertaining to or having a bearing upon the question of the
age 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 the
ages of all persons employed by him as reported by each employee,
and shall upon demand furnish to the commissioner of labor, or his
authorized representative, a true copy of any such record, verified
upon oath. Such record shall be open to investigation by the
commissioner at any reasonable time. If on all the testimony taken,
the commissioner of labor shall make a preliminary determination
that the employer has engaged in or is engaging in unfair
employment practices, the commissioner shall endeavor to eliminate
such unfair employment practices by informal methods of
conference, conciliation and persuasion. If voluntary compliance
cannot be obtained, the commissioner of labor shall be empowered
to 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 section
must be so issued within four (4) months after the alleged unfair
employment practices were committed. The respondent shall have
the right to file an answer to such complaint and may appear at such
hearing with or without counsel to present evidence and to examine
and cross-examine witnesses. Upon the completion of testimony at
such hearing, if determination is made that unfair practices were
committed, the commissioner of labor shall state his findings of fact
and, if satisfied therewith, may issue his finding that the employer
has 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 cause
exists to substantiate the charges, or, if upon all the evidence, he
shall find that an employer has not engaged in unfair employment
practices, the commissioner of labor shall state in writing his
findings of fact and shall issue and cause to be served on the
complainant an order dismissing the said complaint as to such
employer. (Formerly: Acts 1965, c.368, s.7.)
IC 22-9-2-8 Unfair employment practice; dismissing employee for furnishing
evidence at hearing
Sec. 8. It shall be an unfair employment practice for any employer
to discharge an employee because he has furnished evidence in
connection 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 in
private domestic service or service as a farm laborer nor to a person
who is qualified for benefits under the terms or conditions of an
employer 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 any
of the provisions of any law of this state relating to discrimination
because 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 retirement
requirements for any class of employees at an age or ages less than
seventy-five (75) years; (b) fixing eligibility requirements for
participation in, or enjoyment by employees of, benefits under any
annuity plan or pension or retirement plan on the basis that any
employee may be excluded from eligibility therefor who, at the time
he would otherwise become eligible for such benefits, is older than
the age fixed in such eligibility requirements; or (c) keeping age
records 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.
IC 22-9-2-1 Definitions
Sec. 1. For the purpose of this chapter:
"Discrimination" shall mean dismissal from employment of, or
refusal to employ or rehire any person because of his age, if such
person has attained the age of forty (40) years and has not attained
the 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 state
employing one (1) or more individuals, labor organizations, the state
and all political subdivisions, boards, departments and commissions
thereof, but does not include:
(1) religious, charitable, fraternal, social, educational or
sectarian corporations, or associations not organized for private
profit, other than labor organizations and nonsectarian
corporations, or organizations engaged in social service work;
or
(2) a person or governmental entity which is subject to the
federal Age Discrimination in Employment Act (29 U.S.C. 621
et 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 to
be against public policy to dismiss from employment, or to refuse to
employ or rehire, any person solely because of his age if such person
has attained the age of forty (40) years and has not attained the age
of 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 practice
for any labor organization to deny full and equal membership rights
to any applicant for membership or to fail or refuse to classify
properly or refer for employment any member solely because of the
age of such applicant or member if such person has attained the age
of 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 or
understanding entered into on or after October 1, 1965, but before
October 1, 1979, which shall prevent or tend to prevent the
employment of any person solely because of the person's age, who
has attained the age of forty (40) years and has not attained the age
of sixty-five (65) years shall be null and void.
(b) Any provision in any contract, agreement or understanding
entered into after September 30, 1979, and before July 1, 2009,
which prevents or tends to prevent the employment of any person
solely 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 null
and void.
(c) Any provision in any contract, agreement, or understanding
entered into after June 30, 2009, that prevents or tends to prevent the
employment of any person who has attained forty (40) years of age
and has not attained seventy-five (75) years of age solely because of
the 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 complaints
of discrimination, and for such purpose the commissioner shall have
full power and authority:
(1) to receive, investigate and pass upon charges of discrimination
against any person employed within the state; and
(2) to enter any place of business or employment within the state
for the purpose of examination and making a transcript of records in
any way appertaining to or having a bearing upon the question of the
age 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 the
ages of all persons employed by him as reported by each employee,
and shall upon demand furnish to the commissioner of labor, or his
authorized representative, a true copy of any such record, verified
upon oath. Such record shall be open to investigation by the
commissioner at any reasonable time. If on all the testimony taken,
the commissioner of labor shall make a preliminary determination
that the employer has engaged in or is engaging in unfair
employment practices, the commissioner shall endeavor to eliminate
such unfair employment practices by informal methods of
conference, conciliation and persuasion. If voluntary compliance
cannot be obtained, the commissioner of labor shall be empowered
to 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 section
must be so issued within four (4) months after the alleged unfair
employment practices were committed. The respondent shall have
the right to file an answer to such complaint and may appear at such
hearing with or without counsel to present evidence and to examine
and cross-examine witnesses. Upon the completion of testimony at
such hearing, if determination is made that unfair practices were
committed, the commissioner of labor shall state his findings of fact
and, if satisfied therewith, may issue his finding that the employer
has 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 cause
exists to substantiate the charges, or, if upon all the evidence, he
shall find that an employer has not engaged in unfair employment
practices, the commissioner of labor shall state in writing his
findings of fact and shall issue and cause to be served on the
complainant an order dismissing the said complaint as to such
employer. (Formerly: Acts 1965, c.368, s.7.)
IC 22-9-2-8 Unfair employment practice; dismissing employee for furnishing
evidence at hearing
Sec. 8. It shall be an unfair employment practice for any employer
to discharge an employee because he has furnished evidence in
connection 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 in
private domestic service or service as a farm laborer nor to a person
who is qualified for benefits under the terms or conditions of an
employer 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 any
of the provisions of any law of this state relating to discrimination
because 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 retirement
requirements for any class of employees at an age or ages less than
seventy-five (75) years; (b) fixing eligibility requirements for
participation in, or enjoyment by employees of, benefits under any
annuity plan or pension or retirement plan on the basis that any
employee may be excluded from eligibility therefor who, at the time
he would otherwise become eligible for such benefits, is older than
the age fixed in such eligibility requirements; or (c) keeping age
records 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.
IC 22-9-2-1 Definitions
Sec. 1. For the purpose of this chapter:
"Discrimination" shall mean dismissal from employment of, or
refusal to employ or rehire any person because of his age, if such
person has attained the age of forty (40) years and has not attained
the 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 state
employing one (1) or more individuals, labor organizations, the state
and all political subdivisions, boards, departments and commissions
thereof, but does not include:
(1) religious, charitable, fraternal, social, educational or
sectarian corporations, or associations not organized for private
profit, other than labor organizations and nonsectarian
corporations, or organizations engaged in social service work;
or
(2) a person or governmental entity which is subject to the
federal Age Discrimination in Employment Act (29 U.S.C. 621
et 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 to
be against public policy to dismiss from employment, or to refuse to
employ or rehire, any person solely because of his age if such person
has attained the age of forty (40) years and has not attained the age
of 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 practice
for any labor organization to deny full and equal membership rights
to any applicant for membership or to fail or refuse to classify
properly or refer for employment any member solely because of the
age of such applicant or member if such person has attained the age
of 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 or
understanding entered into on or after October 1, 1965, but before
October 1, 1979, which shall prevent or tend to prevent the
employment of any person solely because of the person's age, who
has attained the age of forty (40) years and has not attained the age
of sixty-five (65) years shall be null and void.
(b) Any provision in any contract, agreement or understanding
entered into after September 30, 1979, and before July 1, 2009,
which prevents or tends to prevent the employment of any person
solely 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 null
and void.
(c) Any provision in any contract, agreement, or understanding
entered into after June 30, 2009, that prevents or tends to prevent the
employment of any person who has attained forty (40) years of age
and has not attained seventy-five (75) years of age solely because of
the 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 complaints
of discrimination, and for such purpose the commissioner shall have
full power and authority:
(1) to receive, investigate and pass upon charges of discrimination
against any person employed within the state; and
(2) to enter any place of business or employment within the state
for the purpose of examination and making a transcript of records in
any way appertaining to or having a bearing upon the question of the
age 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 the
ages of all persons employed by him as reported by each employee,
and shall upon demand furnish to the commissioner of labor, or his
authorized representative, a true copy of any such record, verified
upon oath. Such record shall be open to investigation by the
commissioner at any reasonable time. If on all the testimony taken,
the commissioner of labor shall make a preliminary determination
that the employer has engaged in or is engaging in unfair
employment practices, the commissioner shall endeavor to eliminate
such unfair employment practices by informal methods of
conference, conciliation and persuasion. If voluntary compliance
cannot be obtained, the commissioner of labor shall be empowered
to 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 section
must be so issued within four (4) months after the alleged unfair
employment practices were committed. The respondent shall have
the right to file an answer to such complaint and may appear at such
hearing with or without counsel to present evidence and to examine
and cross-examine witnesses. Upon the completion of testimony at
such hearing, if determination is made that unfair practices were
committed, the commissioner of labor shall state his findings of fact
and, if satisfied therewith, may issue his finding that the employer
has 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 cause
exists to substantiate the charges, or, if upon all the evidence, he
shall find that an employer has not engaged in unfair employment
practices, the commissioner of labor shall state in writing his
findings of fact and shall issue and cause to be served on the
complainant an order dismissing the said complaint as to such
employer. (Formerly: Acts 1965, c.368, s.7.)
IC 22-9-2-8 Unfair employment practice; dismissing employee for furnishing
evidence at hearing
Sec. 8. It shall be an unfair employment practice for any employer
to discharge an employee because he has furnished evidence in
connection 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 in
private domestic service or service as a farm laborer nor to a person
who is qualified for benefits under the terms or conditions of an
employer 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 any
of the provisions of any law of this state relating to discrimination
because 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 retirement
requirements for any class of employees at an age or ages less than
seventy-five (75) years; (b) fixing eligibility requirements for
participation in, or enjoyment by employees of, benefits under any
annuity plan or pension or retirement plan on the basis that any
employee may be excluded from eligibility therefor who, at the time
he would otherwise become eligible for such benefits, is older than
the age fixed in such eligibility requirements; or (c) keeping age
records 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.
