Bill Text: IN SB0205 | 2012 | Regular Session | Introduced
Bill Title: Employment status of employment applicants.
Sponsorship: Partisan Bill (Democrat 13)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Pensions and Labor [SB0205 Detail]
Download: Indiana-2012-SB0205-Introduced.html
Citations Affected: IC 22-5-7.
Synopsis: Employment status of employment applicants. Provides: (1)
that an employer may not publish an advertisement for an employment
vacancy that states that qualification for the employment position
includes current employment by the applicant; and (2) for civil penalty
enforcement by the department of labor. Provides that: (1) an employer
may not discriminate against an applicant or a prospective applicant
(applicant) for employment based on the currently unemployed status
of the applicant; and (2) an aggrieved applicant may bring a civil action
against the employer for enforcement.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Pensions and Labor.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Chapter 7. Prohibition of Consideration of Employment Status of Employment Applicants
Sec. 1. As used in this chapter, "agent of an employer" means a:
(1) manager having management authority or enforcement powers with respect to hiring and termination of employees, other personnel decisions, or both;
(2) corporate officer; or
(3) member of the board of directors;
of the employer.
Sec. 2. As used in this chapter, "department" means the department of labor created under IC 22-1-1-1.
Sec. 3. (a) Unless permitted by any other law, rule, or regulation, an employer or an agent of an employer may not knowingly or purposefully publish, in print or on the Internet, an
advertisement for an employment vacancy for a position in Indiana
that contains any of the following:
(1) A provision stating that qualification for the employment
position includes current employment.
(2) A provision that the employer or agent of the employer
will not consider or review an application for employment
submitted by a job applicant who is currently unemployed.
(3) A provision that the employer or agent of the employer
will consider or review only applications for employment
submitted by a job applicant who is currently employed.
(b) Subsection (a) may not be construed to prohibit an employer
or agent of an employer from publishing, in print or on the
Internet, an advertisement for a job vacancy in Indiana that
contains a provision setting forth any other qualifications for a job
as permitted by law, including:
(1) the holding of a current and valid professional or
occupational license, certificate, registration, permit, or other
credential; or
(2) a minimum level of education, training, or professional,
occupational, or field experience.
(c) Subsection (a) does not prohibit an employer or agent of an
employer from publishing, in print or on the Internet, an
advertisement for a job vacancy in Indiana that contains a
provision stating that only applicants who are currently employed
by the employer will be considered.
Sec. 4. An employer may not discriminate against an applicant
or a prospective applicant for employment based on the currently
unemployed status of the applicant or prospective applicant.
Sec. 5. If, after notice and a hearing, the department finds that
an employer has violated section 3(a) of this chapter, the
department may assess a civil penalty as follows:
(1) For the employer's first violation of section 3(a) of this
chapter, the department may assess a civil penalty not to
exceed one thousand dollars ($1,000).
(2) For a second violation by the employer of section 3(a) of
this chapter, the department may assess a civil penalty not to
exceed five thousand dollars ($5,000).
(3) For a third or subsequent violation by the employer of
section 3(a) of this chapter, the department may assess a civil
penalty not to exceed ten thousand dollars ($10,000).
Sec. 6. (a) An applicant or prospective applicant may bring a
civil action against an employer to enforce section 4 of this chapter.
(b) If an employer violates section 4 of this chapter, the court
may do the following:
(1) Award:
(A) actual damages; and
(B) court costs and reasonable attorney's fees;
to the prevailing applicant or prospective applicant.
(2) Enjoin the employer from further violation of this chapter.
Sec. 7. This chapter does not limit an applicant's or prospective
applicant's rights or remedies under any other state or federal law.
