Title 22, LABOR AND SAFETY

Sec. 0.1. The addition of this chapter by P.L.11-1994 applies only to contracts entered into or renewed after March 31, 1994. As added by P.L.220-2011, SEC.368.

Sec. 1. The employment contract of a person who: (1) works with children; and (2) is convicted of: (A) rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age; (B) criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) year…

Sec. 1. (a) This chapter applies to any election that is required or permitted by Indiana or federal law for the designation, authorization, or retention of employee representation. (b) This chapter does not apply to the extent that it conflicts with: (1) the federal National Lab…

Sec. 2. The right of any individual to vote by secret ballot in an election is guaranteed. As added by P.L.192-2011, SEC.1.

Sec. 3. The right of any employer to engage in a campaign in connection with an election is guaranteed. As added by P.L.192-2011, SEC.1.

Sec. 4. The results of an election that violates this chapter are void. As added by P.L.192-2011, SEC.1.

Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following: (1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. (2) Qualified readers, taped texts, or other effec…

Sec. 10. (a) During the time beginning July 26, 1992, and ending July 25, 1994, as used in this chapter, "employer" means a person engaged in an industry affecting commerce that has at least twenty-five (25) employees for each working day in each of at least twenty (20) calendar …

Sec. 11. As used in this chapter, "employment agency" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 12. As used in this chapter, "illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of a drug taken under the supervision of a licensed health care professional,…

Sec. 13. As used in this chapter, "industry affecting commerce" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 14. As used in this chapter, "labor organization" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 15. As used in this chapter, "person" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 16. As used in this chapter, "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of…

Sec. 17. As used in this chapter, "reasonable accommodation" includes the following: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a …

Sec. 18. (a) As used in this chapter, "undue hardship" means an action requiring significant difficulty or expense when considered in light of the factors set forth in subsection (b). (b) In determining whether an accommodation would impose an undue hardship on a covered entity f…

Sec. 19. A covered entity may not discriminate against a qualified individual with a disability because of the disability of that individual in regard to any of the following: (1) Job application procedures. (2) The hiring, advancement, or discharge of employees. (3) Employee com…

Sec. 2. As used in this chapter, "commerce" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 20. (a) The prohibition against discrimination in section 19 of this chapter includes medical examinations and inquiries. Except as otherwise provided by this section, a covered entity may not conduct a medical examination or make inquiries of a job applicant as to whether t…

Sec. 21. (a) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has b…

Sec. 22. (a) This chapter does not prohibit a religious corporation, an association, an educational institution, or a society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on of activities by that corporat…

Sec. 23. (a) In any case in which an individual has an infectious or communicable disease that: (1) is transmitted to others through the handling of food; (2) is included on the list developed by the Secretary of Health and Human Services under 42 U.S.C. 12113; and (3) constitute…

Sec. 24. (a) A covered entity may do the following: (1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees. (2) Require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace. …

Sec. 25. Each employer, employment agency, labor organization, or joint labor-management committee covered under this chapter shall post notices in a format accessible to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescr…

Sec. 26. The remedies available regarding complaints directed against a covered entity under this chapter are limited to the remedies provided under IC 22-9-1-6(j). As added by P.L.111-1992, SEC.4. Amended by P.L.1-1993, SEC.188; P.L.100-2012, SEC.61.

Sec. 27. The commission shall adopt rules under IC 4-22-2 to carry out this chapter. These rules must not be in conflict with the provisions of the federal rules adopted under the employment discrimination provisions of the federal Americans with Disabilities Act (42 U.S.C. 12101…

Sec. 3. As used in this chapter, "commission" refers to the civil rights commission. As added by P.L.111-1992, SEC.4.

Sec. 4. As used in this chapter, "covered entity" means an employer, an employment agency, a labor organization, or a joint labor-management committee. As added by P.L.111-1992, SEC.4.

Sec. 5. As used in this chapter, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. As added by P.L.111-1992, SEC.4.

Sec. 6. (a) As used in this chapter, "disability" means with respect to an individual: (1) a physical or mental impairment that substantially limits at least one (1) of the major life activities of the individual; (2) a record of an impairment described in subdivision (1); or (3)…

Sec. 7. As used in this chapter, "discriminate" includes the following: (1) Limiting, segregating, or classifying a job applicant or an employee in a way that adversely affects the opportunities or status of the applicant or employee because of the disability of the applicant or …

Sec. 8. As used in this chapter, "drug" means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act 21 U.S.C. 812). As added by P.L.111-1992, SEC.4.

Sec. 9. As used in this chapter, "employee" means an individual employed by an employer. As added by P.L.111-1992, SEC.4.

Sec. 9.5. As used in this chapter, "service animal" refers to an animal trained as: (1) a hearing animal; (2) a guide animal; (3) an assistance animal; (4) a seizure alert animal; (5) a mobility animal; (6) a psychiatric service animal; or (7) an autism service animal. As added b…

Sec. 1. As used in this chapter, "interested person" refers to a person that has a dispute with a county or a municipality regarding the interpretation of a building law or a fire safety law. As added by P.L.71-1999, SEC.1. Amended by P.L.22-2005, SEC.37.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. (a) Except as provided under subsection (c), upon the written request of an interested person, the state building commissioner of the department shall i…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 3. (a) A written interpretation issued under section 2 of this chapter binds the interested person and the county or municipality with whom the interested …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. (a) A written interpretation of a building law or fire safety law binds all counties and municipalities if the state building commissioner publishes the…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. (a) The department shall issue a regulated lifting device installation or alteration permit to an applicant who qualifies under this section. (b) To qua…

Sec. 1.3. A permit issued under section 1 of this chapter is subject to sanctions as provided in IC 22-12-7-7 for any of the following reasons: (1) A false statement or misrepresentation of the material fact in the application, plan, or specification on which the permit was based…

Sec. 1.5. A permit granted under section 1 of this chapter expires for the following reasons: (1) The work authorized by the permit has not begun within one (1) year after the date of issuance or within a shorter period if specified at the time of issuance of the permit. (2) The …

Sec. 10. An individual engaged in the business of an elevator contractor shall carry: (1) the individual's license; or (2) a facsimile of the license of the partnership, corporation, or state educational institution by which the individual is employed; and present the license for…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 11. (a) An individual may not act as an elevator inspector unless the individual holds an elevator inspector license issued under this chapter. (b) An indi…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 12. (a) An individual may not act as an elevator mechanic unless the individual holds an elevator mechanic license issued under this chapter. A license is …

Sec. 13. (a) A temporary elevator mechanic license may be issued by the department upon receipt of the following: (1) A certification by a licensed elevator contractor that the contractor is unable to secure, despite the contractor's best efforts, licensed elevator mechanics to p…

Sec. 14. (a) This section does not apply to the following: (1) An individual employed by the following: (A) The state. (B) A county. (C) A municipality. (D) A state educational institution. (2) A state educational institution. (b) The department may not issue an elevator inspecto…