HB 1034-1_ Filed 01/16/2008, 13:57
Your Committee on Labor and Employment , to which was referred House Bill
1034 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (08)AM103403.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 22-9-1-2; (08)AM103403.1. -->
"SECTION 1. IC 22-9-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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, disability,
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
SOURCE: Page 2, line 27; (08)AM103403.2. -->
Page 2, line 27, after "sex," insert " age,".
Page 2, line 29, after "sex," insert " age,".
Page 2, line 36, after "sex," insert " age,".
Page 3, line 35, delete "No" and insert " Except as provided in
IC 22-9-2.1, no".
Page 8, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 22-9-1-10; (08)AM103403.4. -->
"SECTION 4. IC 22-9-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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
employee's hire, tenure, terms, conditions or privileges of employment
or any matter directly or indirectly related to employment, because of
his the employee's or applicant'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: Page 8, line 16; (08)AM103403.8. -->
Page 8, between lines 16 and 17, begin a new line double block
indented and insert:
" (E) age;
Page 8, line 17, delete "(E)" and insert " (F)
Page 8, line 18, delete "(F)" and insert " (G)
Page 8, line 19, delete "(G)" and insert " (H)
Page 11, line 16, delete ":".
Page 11, line 17, delete "(1)".
Page 11, line 17, delete "; or".
Page 11, delete line 18.
Page 11, run in lines 16 through 19.
Page 11, line 25, delete ":".
Page 11, line 26, delete "(1)".
Page 11, line 26, delete "if the claim is filed with the" and insert " .
Page 11, run in lines 25 through 26.
Page 11, delete lines 27 through 42.
Page 12, line 3, delete "(a)".
Page 12, line 5, delete "is transferred to the" and insert " shall be
adjudicated by the commissioner of labor.
Page 12, delete lines 6 through 11.
Renumber all SECTIONS consecutively.
(Reference is to HB 1034 as introduced.)
and when so amended that said bill do pass.
AM103403/DI 96 2008