February 14, 2001
HOUSE BILL No. 1022
DIGEST OF HB 1022
(Updated February 13, 2001 2:02 PM - DI 98)
Citations Affected: IC 22-9; noncode.
Synopsis: Civil rights remedies and age discrimination. Transfers
jurisdiction over age discrimination proceedings from the
commissioner of labor to the Indiana civil rights commission. Adds
references to age discrimination to various statutes dealing with
Effective: July 1, 2001.
Smith V, Summers
January 8, 2001, read first time and referred to Committee on Human Affairs.
February 13, 2001, amended, reported _ Do Pass.
February 14, 2001
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1022
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-9-1-2; (01)HB1022.1.1. -->
SECTION 1. IC 22-9-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 2. (a) It is the public policy of the
state to provide all of its citizens equal opportunity for education,
employment, access to public conveniences and accommodations, and
acquisition through purchase or rental of real property, including but
not limited to housing, and to eliminate segregation or separation based
solely on race, religion, color, sex, age,
disability, national origin or
ancestry, since such segregation is an impediment to equal opportunity.
Equal education and employment opportunities and equal access to and
use of public accommodations and equal opportunity for acquisition of
real property are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualified
persons by reason of the race, religion, color, sex, age,
national origin, or ancestry of such person is contrary to the principles
of freedom and equality of opportunity and is a burden to the objectives
of the public policy of this state and shall be considered as
discriminatory practices. The promotion of equal opportunity without
regard to race, religion, color, sex, age, disability, national origin, or
ancestry through reasonable methods is the purpose of this chapter.
(c) It is also the public policy of this state to protect employers,
labor organizations, employment agencies, property owners, real estate
brokers, builders, and lending institutions from unfounded charges of
(d) It is hereby declared to be contrary to the public policy of the
state and an unlawful practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, religion,
color, sex, age, disability, national origin, or ancestry.
(e) The general assembly recognizes that on February 16, 1972,
there are institutions of learning in Indiana presently and traditionally
following the practice of limiting admission of students to males or to
females. It is further recognized that it would be unreasonable to
impose upon these institutions the expense of remodeling facilities to
accommodate students of both sexes, and that educational facilities of
similar quality and type are available in coeducational institutions for
those students desiring such facilities. It is further recognized that this
chapter is susceptible of interpretation to prevent these institutions
from continuing their traditional policies, a result not intended by the
general assembly. Therefore, the amendment effected by Acts 1972,
P.L.176, is desirable to permit the continuation of the policies
(f) This chapter shall be construed broadly to effectuate its purpose.
SOURCE: IC 22-9-1-3; (01)HB1022.1.2. -->
SECTION 2. IC 22-9-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 3. As used in this chapter:
(a) "Person" means one (1) or more individuals, partnerships,
associations, organizations, limited liability companies, corporations,
labor organizations, cooperatives, legal representatives, trustees,
trustees in bankruptcy, receivers, and other organized groups of
(b) "Commission" means the civil rights commission created under
section 4 of this chapter.
(c) "Director" means the director of the civil rights commission.
(d) "Deputy director" means the deputy director of the civil rights
(e) "Commission attorney" means the deputy attorney general, such
assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
(f) "Consent agreement" means a formal agreement entered into in
lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil rights
(h) "Employer" means the state or any political or civil subdivision
thereof and any person employing six (6) or more persons within the
state, except that the term "employer" does not include:
(1) any nonprofit corporation or association organized exclusively
for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
(3) any exclusively social club, corporation, or association that is
not organized for profit.
(i) "Employee" means any person employed by another for wages or
salary. However, the term does not include any individual employed:
his the individual's
parents, spouse, or child; or
(2) in the domestic service of any person.
(j) "Labor organization" means any organization that exists for the
purpose in whole or in part of collective bargaining or of dealing with
employers concerning grievances, terms, or conditions of employment
or for other mutual aid or protection in relation to employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because of
race, religion, color, sex, disability, national origin,
or, in relation to employment only, age;
(2) a system that excludes persons from equal opportunities
because of race, religion, color, sex, disability, national origin,
ancestry, or, in relation to employment only, age;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, disability, national origin, or ancestry;
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale of real
estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301) shall be considered
unlawful unless it is specifically exempted by this chapter.
(m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on
his the individual's own behalf to
have been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission charging that
a discriminatory practice was committed against a person other
than himself or a class of people, in order to vindicate the public
policy of the state (as defined in section 2 of this chapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with the
(2) filed by a complainant as a civil action in the circuit or
superior court having jurisdiction in the county in which the
alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed and verified by the complainant.
(p) "Sufficiently complete" refers to a complaint that includes:
(1) the full name and address of the complainant;
(2) the name and address of the respondent against whom the
complaint is made;
(3) the alleged discriminatory practice and a statement of
(4) the date or dates and places of the alleged discriminatory
practice and if the alleged discriminatory practice is of a
continuing nature the dates between which continuing acts of
discrimination are alleged to have occurred; and
(5) a statement as to any other action, civil or criminal, instituted
in any other form based upon the same grievance alleged in the
complaint, together with a statement as to the status or disposition
of the other action.
No complaint shall be valid unless filed within one hundred eighty
(180) days from the date of the occurrence of the alleged
(q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public accommodations,
and housing. However:
(1) it shall not be a discriminatory practice to maintain separate
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for a
labor organization to classify its membership or to classify or refer
for employment any individual, or for an employer, labor
organization, or joint labor management committee controlling
apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of sex
in those certain instances where sex is a bona fide occupational
qualification reasonably necessary to the normal operation of that
particular business or enterprise; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental condition
of a person that constitutes a substantial disability. In reference to
employment, under this chapter, "disabled or disability" also means the
physical or mental condition of a person that constitutes a substantial
disability unrelated to the person's ability to engage in a particular
(s) "Age" refers to the age of a person who is at least forty (40)
years of age.
SOURCE: IC 22-9-1-6; (01)HB1022.1.3. -->
SECTION 3. IC 22-9-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 6. (a) The commission shall
establish and maintain a permanent office in the city of Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their compensation
within the limitation provided by law, and prescribe their duties. All
duties performed by an employee or agent employed by the
commission shall be performed in the public interest.
employees, with the exception of the executive director and attorneys,
shall be appointed by the commission from eligible lists to be
promulgated by the department of personnel as the result of a
competitive examination held under IC 4-15-2 and rules of the
department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of
academic training. Promotions, suspensions, and removal
of persons appointed from such lists shall be in accordance with
IC 4-15-2. The reasonable and necessary traveling expenses of each
employee of the commission while actually engaged in the performance
of duties in behalf of the commission shall be paid in accordance with
the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission may adopt
rules under IC 4-22-2 to implement this
(d) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions, authorities,
boards, bureaus, agencies, and officers of the state or any political
subdivision or agency thereof shall furnish the commission, upon its
request, all records, papers, and information in their possession relating
to any matter before the commission.
(e) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of complaints
shall be conducted by staff members of the civil rights commission or
their agents. All duties performed by an employee or agent
employed by the commission shall be performed in the public
(f) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating the
purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 2 of this chapter when based on race, religion, color, sex,
age, handicap, national origin, or ancestry; and
(2) foster through community effort, or otherwise, good will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in general.
Advisory agencies and conciliation councils created by the commission
shall be composed of representative citizens serving without pay but
with reimbursement for reasonable and necessary actual expenses.
(g) The commission may issue such publications and such results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because of race,
religion, color, sex, age, handicap, national origin, or ancestry.
(h) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating against any other person because
he the person filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter under
(i) The commission may hold hearings, subpoena witnesses, compel
their attendance, administer oaths, take the testimony of any person
under oath, and require the production for examination of any books
and papers relating to any matter under investigation or in question
before the commission. The commission may make rules as to the
issuance of subpoenas by individual commissioners. Contumacy or
refusal to obey a subpoena issued under this section shall constitute a
contempt. All hearings shall be held within Indiana at a location
determined by the commission. A citation of contempt may be issued
upon application by the commission to the circuit or superior court in
the county in which the hearing is held or in which the witness resides
or transacts business.
(j) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by a
majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers and
duties as a commissioner sitting as an administrative law judge.
However, the administrative law judge may not issue subpoenas.
(k) The commission shall state its findings of fact after a hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an order
requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative action as will effectuate the purposes of this chapter,
including but not limited to the power:
(A) to restore the complainant's losses incurred as a result of
discriminatory treatment, as the commission may deem necessary
to assure justice; however, this specific provision when applied to
orders pertaining to employment shall include only wages, salary,
(B) to require the posting of notice setting forth the public policy
of Indiana concerning civil rights and respondent's compliance
with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by the respondent
at periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why
license should not be revoked or suspended.
(l) Judicial review of a cease and desist order or other affirmative
action as referred to in this chapter may be obtained under IC 22-9-8.
If no proceeding to obtain judicial review is instituted within thirty (30)
days from receipt of notice by a person that an order has been made by
the commission, the commission, if it determines that the person upon
whom the cease and desist order has been served is not complying or
is making no effort to comply, may obtain a decree of a court for the
enforcement of the order in circuit or superior court upon showing that
the person is subject to the commission's jurisdiction and resides or
transacts business within the county in which the petition for
enforcement is brought.
(m) If, upon all the evidence, the commission shall find that a
person has not engaged in any unlawful practice or violation of this
chapter, the commission shall state its findings of facts and shall issue
and cause to be served on the complainant an order dismissing the
complaint as to the person.
(n) The commission may furnish technical assistance requested by
persons subject to this chapter to further compliance with this chapter
or with an order issued thereunder.
(o) The commission shall promote the creation of local civil rights
agencies to cooperate with individuals, neighborhood associations, and
state, local, and other agencies, both public and private, including
agencies of the federal government and of other states.
(p) The commission may reduce the terms of conciliation agreed to
by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and desist
order issued under subsection (k). If the commission determines that a
party to the consent agreement is not complying with it, the
commission may obtain enforcement of the consent agreement in a
circuit or superior court upon showing that the party is not complying
with the consent agreement and the party is subject to the commission's
jurisdiction and resides or transacts business within the county in
which the petition for enforcement is brought.
(q) In lieu of investigating a complaint and holding a hearing under
this section, the commission may issue an order based on findings and
determinations by the federal Department of Housing and Urban
Development or the federal Equal Employment Opportunity
Commission concerning a complaint that has been filed with one (1) of
these federal agencies and with the commission. The commission shall
adopt by rule standards under which the commission may issue such an
(r) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation of
the complaint and may not conduct hearings or issue findings of fact or
orders concerning that complaint.
SOURCE: IC 22-9-1-10; (01)HB1022.1.4. -->
SECTION 4. IC 22-9-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. Every contract to
which the state or any of its political or civil subdivisions is a party,
including franchises granted to public utilities, shall contain a provision
requiring the contractor and
his the contractor's subcontractors not to
discriminate against any employee or applicant for employment to be
employed in the performance of such contract, with respect to his the
individual's hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment,
because of his the individual's race, religion, color, sex, age,
disability, national origin, or ancestry. Breach of this covenant may be
regarded as a material breach of the contract.
SOURCE: IC 22-9-1-11; (01)HB1022.1.5. -->
SECTION 5. IC 22-9-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. In addition to its
power to investigate the discriminatory practices referred to in this
chapter, the commission may receive written complaints of violation of
this chapter or other discriminatory practices based upon race, religion,
color, sex, age, disability, national origin, or ancestry and to
investigate such complaints as it deems meritorious, or to conduct such
investigation in the absence of complaints whenever it deems it in the
public interest. It may transmit to the general assembly its
recommendations for legislation designed to aid in the removing of
SOURCE: IC 22-9-2; (01)HB1022.1.6. -->
SECTION 6. IC 22-9-2 IS REPEALED [EFFECTIVE JULY 1,
SOURCE: ; (01)HB1022.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2001] (a) A proceeding
pending before the commissioner of labor under IC 22-9-2 before
its repeal is transferred to the civil rights commission on July 1,
2001, and shall be treated after June 30, 2001, as if the proceeding
had been properly filed with the civil rights commission.
(b) The commissioner of labor shall arrange for the transfer to
the civil rights commission of records and other property needed
to carry out this SECTION.