Indiana 2024 Regular Session

Indiana House Bill HB1024 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1024
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-9.
7	7	Synopsis: Pregnancy accommodations. Codifies a section of the
8	8	Pregnant Workers Fairness Act. Repeals superseded provisions.
9	9	Effective: July 1, 2024.
10	10	Negele, Bauer M
11	11	January 8, 2024, read first time and referred to Committee on Employment, Labor and
12	12	Pensions.
13	13	2024 IN 1024—LS 6164/DI 141 Introduced
14	14	Second Regular Session of the 123rd General Assembly (2024)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2023 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1024
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning labor
26	26	and safety.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 22-9-12 IS REPEALED [EFFECTIVE JULY 1,
29	29	2 2024]. (Pregnancy and Childbirth Accommodation).
30	30	3 SECTION 2. IC 22-9-12.1 IS ADDED TO THE INDIANA CODE
31	31	4 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32	32	5 JULY 1, 2024]:
33	33	6 Chapter 12.1. Reasonable Accommodations Related to
34	34	7 Pregnancy
35	35	8 Sec. 1. As used in this chapter, "covered entity" means:
36	36	9 (1) an employer;
37	37	10 (2) an employment agency;
38	38	11 (3) a labor organization; or
39	39	12 (4) a joint labor-management committee controlling an
40	40	13 apprenticeship or other training or retraining program,
41	41	14 including an on-the-job training program.
42	42	15 Sec. 2. As used in this chapter, "employee" means an:
43	43	16 (1) individual who is employed by an employer; or
44	44	17 (2) applicant for employment with an employer.
45	45	2024 IN 1024—LS 6164/DI 141 2
46	46	1 Sec. 3. (a) As used in this chapter, "employer" means:
47	47	2 (1) a person that has at least fifteen (15) employees for each
48	48	3 working day in at least twenty (20) calendar weeks in the
49	49	4 current or preceding year; and
50	50	5 (2) an agent of a person described in subdivision (1).
51	51	6 (b) The term does not include any of the following:
52	52	7 (1) The United States, a corporation wholly owned by the
53	53	8 government of the United States, or an Indian tribe.
54	54	9 (2) A bona fide private membership club other than a labor
55	55	10 organization that is exempt from taxation under Section
56	56	11 501(c) of the Internal Revenue Code.
57	57	12 Sec. 4. As used in this chapter, "employment agency" means:
58	58	13 (1) a person regularly undertaking, with or without
59	59	14 compensation, to procure:
60	60	15 (A) employees for an employer; or
61	61	16 (B) for employees opportunities to work for an employer;
62	62	17 and
63	63	18 (2) an agent of a person described in subdivision (1).
64	64	19 Sec. 5. As used in this chapter, "known limitation" means a
65	65	20 physical or mental condition related to, affected by, or arising out
66	66	21 of pregnancy, childbirth, or related medical conditions that the
67	67	22 employee or employee's representative has communicated to the
68	68	23 employer, whether or not the condition meets the definition of a
69	69	24 disability under the Americans with Disabilities Act (42 U.S.C.
70	70	25 12102).
71	71	26 Sec. 6. As used in this chapter, "labor organization" means:
72	72	27 (1) an organization;
73	73	28 (2) an agency;
74	74	29 (3) a union; or
75	75	30 (4) an employee representation committee;
76	76	31 that exists, in whole or in part, to assist employees in negotiating
77	77	32 with employers concerning grievances, labor disputes, wages, rates
78	78	33 of pay, hours, or other terms or conditions of employment.
79	79	34 Sec. 7. As used in this chapter, "person" means an individual,
80	80	35 the state, a state agency, a political subdivision, a labor
81	81	36 organization, a partnership, an association, a corporation, a legal
82	82	37 representative, a mutual company, a joint stock company, a trust,
83	83	38 an unincorporated organization, a trustee, a trustee in bankruptcy,
84	84	39 or a receiver.
85	85	40 Sec. 8. (a) Except as provided in subsection (b), as used in this
86	86	41 chapter, "qualified employee" means an employee who, with or
87	87	42 without a reasonable accommodation, can perform the essential
88	88	2024 IN 1024—LS 6164/DI 141 3
89	89	1 functions of the employment position.
90	90	2 (b) An employee is considered qualified if:
91	91	3 (1) any inability to perform an essential function is for a
92	92	4 temporary period;
93	93	5 (2) the essential function could be performed in the near
94	94	6 future; and
95	95	7 (3) the inability to perform the essential function can be
96	96	8 reasonably accommodated.
97	97	9 Sec. 9. As used in this chapter, "reasonable accommodation"
98	98	10 has the meaning set forth in the Americans with Disabilities Act (42
99	99	11 U.S.C. 12111).
100	100	12 Sec. 10. As used in this chapter, "undue hardship" has the
101	101	13 meaning set forth in the Americans with Disabilities Act (42 U.S.C.
102	102	14 12111).
103	103	15 Sec. 11. It shall be an unlawful employment practice for a
104	104	16 covered entity to:
105	105	17 (1) not make reasonable accommodations to the known
106	106	18 limitations related to the pregnancy, childbirth, or related
107	107	19 medical conditions of a qualified employee, unless the covered
108	108	20 entity can demonstrate that the accommodation would impose
109	109	21 an undue hardship on the operation of the business of the
110	110	22 covered entity;
111	111	23 (2) require a qualified employee affected by pregnancy,
112	112	24 childbirth, or related medical conditions to accept an
113	113	25 accommodation other than a reasonable accommodation
114	114	26 arrived at through an interactive process as set forth in the
115	115	27 Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and
116	116	28 regulations issued under the Americans with Disabilities Act
117	117	29 (42 U.S.C. 12101 et seq.);
118	118	30 (3) deny employment opportunities to a qualified employee if
119	119	31 the denial is based on the need of the covered entity to make
120	120	32 reasonable accommodations to the known limitations related
121	121	33 to the pregnancy, childbirth, or related medical conditions of
122	122	34 the qualified employee;
123	123	35 (4) require a qualified employee to take leave, whether paid or
124	124	36 unpaid, if another reasonable accommodation can be
125	125	37 provided to the known limitations related to the pregnancy,
126	126	38 childbirth, or related medical conditions of the qualified
127	127	39 employee; or
128	128	40 (5) take adverse action in terms, conditions, or privileges of
129	129	41 employment against a qualified employee on account of the
130	130	42 employee requesting or using a reasonable accommodation to
131	131	2024 IN 1024—LS 6164/DI 141 4
132	132	1 the known limitations related to the pregnancy, childbirth, or
133	133	2 related medical conditions of the employee.
134	134	2024 IN 1024—LS 6164/DI 141