Indiana 2024 Regular Session

Indiana House Bill HB1180 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. 1180
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-5-9.
7	7	Synopsis: Public employers. Prohibits a public employer from
8	8	requiring or stating a preference for a postsecondary degree for
9	9	employment, rejecting an applicant solely on the basis of the applicant
10	10	lacking a postsecondary degree, or giving preferential treatment to an
11	11	applicant who holds a postsecondary degree. Provides an exemption if
12	12	the job duties require a postsecondary degree and the public employer
13	13	demonstrates the necessity of a specific postsecondary degree in the job
14	14	posting. Requires a public employer to provide written notice to each
15	15	applicant who has been eliminated from hiring consideration. Allows
16	16	an applicant to appeal a hiring decision to the department of labor
17	17	(department) if the applicant believes the decision was based on the
18	18	applicant's lack of a postsecondary degree. Allows any person to report
19	19	to the department a job posting that includes a requirement or
20	20	preference for a postsecondary degree and fails to include an
21	21	explanation of the necessity of the postsecondary degree. Requires the
22	22	department to take certain actions if an appeal or a report is
23	23	substantiated by the department.
24	24	Effective: July 1, 2024.
25	25	Criswell, Teshka, Hall
26	26	January 9, 2024, read first time and referred to Committee on Employment, Labor and
27	27	Pensions.
28	28	2024 IN 1180—LS 6606/DI 141 Introduced
29	29	Second Regular Session of the 123rd General Assembly (2024)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2023 Regular Session of the General Assembly.
39	39	HOUSE BILL No. 1180
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning labor
41	41	and safety.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 22-5-9 IS ADDED TO THE INDIANA CODE AS
44	44	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
45	45	3 1, 2024]:
46	46	4 Chapter 9. Postsecondary Degree Requirements for Public
47	47	5 Employment
48	48	6 Sec. 1. This chapter does not apply to a job if:
49	49	7 (1) the job duties require a postsecondary degree; and
50	50	8 (2) the public employer dedicates a portion of the job posting
51	51	9 to clearly demonstrate the necessity of the specific
52	52	10 postsecondary degree.
53	53	11 Sec. 2. As used in this chapter, "applicant" means an individual
54	54	12 seeking gainful employment from a public employer.
55	55	13 Sec. 3. As used in this chapter, "department" refers to the
56	56	14 department of labor created by IC 22-1-1-1.
57	57	15 Sec. 4. As used in this chapter, "hiring consideration" means
58	58	16 any of the following:
59	59	17 (1) A decision to move an applicant to a subsequent round in
60	60	2024 IN 1180—LS 6606/DI 141 2
61	61	1 the hiring process.
62	62	2 (2) A decision to include the applicant on a list of applicants
63	63	3 for consideration by another member of the public employer's
64	64	4 team.
65	65	5 (3) A decision to offer an applicant an interview.
66	66	6 (4) An interview held in good faith between the public
67	67	7 employer and the applicant.
68	68	8 (5) A final offer of employment.
69	69	9 Sec. 5. As used in this chapter, "postsecondary degree" means:
70	70	10 (1) an associate;
71	71	11 (2) a bachelor's;
72	72	12 (3) a graduate;
73	73	13 (4) a professional; or
74	74	14 (5) a doctoral;
75	75	15 degree from a postsecondary educational institution.
76	76	16 Sec. 6. As used in this chapter, "public employer"means:
77	77	17 (1) a state agency (as defined in IC 4-13-1-1(b)); or
78	78	18 (2) a political subdivision (as defined in IC 36-1-2-13).
79	79	19 Sec. 7. A public employer may not do the following:
80	80	20 (1) Require a postsecondary degree for employment with the
81	81	21 public employer.
82	82	22 (2) State a preference for a postsecondary degree for
83	83	23 employment with the public employer.
84	84	24 (3) Reject an applicant for hiring consideration solely on the
85	85	25 basis of the applicant lacking a postsecondary degree.
86	86	26 (4) Explicitly or implicitly give preferential treatment to an
87	87	27 applicant who holds a postsecondary degree.
88	88	28 Sec. 8. (a) A job posting by a public employer must include a list
89	89	29 of:
90	90	30 (1) qualifications;
91	91	31 (2) skills;
92	92	32 (3) capabilities;
93	93	33 (4) expertise; or
94	94	34 (5) relevant work or volunteer experience;
95	95	35 necessary to perform the job.
96	96	36 (b) An applicant may demonstrate qualification to perform the
97	97	37 job by using relevant and comparable:
98	98	38 (1) work or volunteer experience;
99	99	39 (2) education;
100	100	40 (3) skills;
101	101	41 (4) capabilities;
102	102	42 (5) expertise; or
103	103	2024 IN 1180—LS 6606/DI 141 3
104	104	1 (6) nondegree credentials, including skill based:
105	105	2 (A) certificates;
106	106	3 (B) badges; or
107	107	4 (C) professional certifications.
108	108	5 Sec. 9. The department shall enforce this chapter.
109	109	6 Sec. 10. (a) A public employer shall provide written notice to
110	110	7 each applicant who has been eliminated from hiring consideration.
111	111	8 The written notice must identify the reason why the applicant did
112	112	9 not meet the requirements for the job posting.
113	113	10 (b) An applicant who:
114	114	11 (1) was eliminated from hiring consideration; and
115	115	12 (2) reasonably believes the decision was based on the
116	116	13 applicant's lack of a postsecondary degree;
117	117	14 may appeal the decision to the department.
118	118	15 Sec. 11. Any person may report to the department a job posting
119	119	16 that:
120	120	17 (1) includes a:
121	121	18 (A) requirement; or
122	122	19 (B) preference;
123	123	20 for a postsecondary degree; and
124	124	21 (2) fails to include an explanation of the necessity of the
125	125	22 postsecondary degree as described in section 1 of this chapter.
126	126	23 Sec. 12. If an appeal under section 10(b) of this chapter or a
127	127	24 report under section 11 of this chapter is substantiated by the
128	128	25 department, the department shall require the public employer to:
129	129	26 (1) reopen the hiring process;
130	130	27 (2) modify the job posting; and
131	131	28 (3) take any other action necessary to comply with this
132	132	29 chapter.
133	133	2024 IN 1180—LS 6606/DI 141