Introduced Version
HOUSE BILL No. 1180
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-5-9.
Synopsis: Public employers. Prohibits a public employer from
requiring or stating a preference for a postsecondary degree for
employment, rejecting an applicant solely on the basis of the applicant
lacking a postsecondary degree, or giving preferential treatment to an
applicant who holds a postsecondary degree. Provides an exemption if
the job duties require a postsecondary degree and the public employer
demonstrates the necessity of a specific postsecondary degree in the job
posting. Requires a public employer to provide written notice to each
applicant who has been eliminated from hiring consideration. Allows
an applicant to appeal a hiring decision to the department of labor
(department) if the applicant believes the decision was based on the
applicant's lack of a postsecondary degree. Allows any person to report
to the department a job posting that includes a requirement or
preference for a postsecondary degree and fails to include an
explanation of the necessity of the postsecondary degree. Requires the
department to take certain actions if an appeal or a report is
substantiated by the department.
Effective: July 1, 2024.
Criswell, Teshka, Hall
January 9, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
2024 IN 1180—LS 6606/DI 141 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1180
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-5-9 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]:
4 Chapter 9. Postsecondary Degree Requirements for Public
5 Employment
6 Sec. 1. This chapter does not apply to a job if:
7 (1) the job duties require a postsecondary degree; and
8 (2) the public employer dedicates a portion of the job posting
9 to clearly demonstrate the necessity of the specific
10 postsecondary degree.
11 Sec. 2. As used in this chapter, "applicant" means an individual
12 seeking gainful employment from a public employer.
13 Sec. 3. As used in this chapter, "department" refers to the
14 department of labor created by IC 22-1-1-1.
15 Sec. 4. As used in this chapter, "hiring consideration" means
16 any of the following:
17 (1) A decision to move an applicant to a subsequent round in
2024 IN 1180—LS 6606/DI 141 2
1 the hiring process.
2 (2) A decision to include the applicant on a list of applicants
3 for consideration by another member of the public employer's
4 team.
5 (3) A decision to offer an applicant an interview.
6 (4) An interview held in good faith between the public
7 employer and the applicant.
8 (5) A final offer of employment.
9 Sec. 5. As used in this chapter, "postsecondary degree" means:
10 (1) an associate;
11 (2) a bachelor's;
12 (3) a graduate;
13 (4) a professional; or
14 (5) a doctoral;
15 degree from a postsecondary educational institution.
16 Sec. 6. As used in this chapter, "public employer"means:
17 (1) a state agency (as defined in IC 4-13-1-1(b)); or
18 (2) a political subdivision (as defined in IC 36-1-2-13).
19 Sec. 7. A public employer may not do the following:
20 (1) Require a postsecondary degree for employment with the
21 public employer.
22 (2) State a preference for a postsecondary degree for
23 employment with the public employer.
24 (3) Reject an applicant for hiring consideration solely on the
25 basis of the applicant lacking a postsecondary degree.
26 (4) Explicitly or implicitly give preferential treatment to an
27 applicant who holds a postsecondary degree.
28 Sec. 8. (a) A job posting by a public employer must include a list
29 of:
30 (1) qualifications;
31 (2) skills;
32 (3) capabilities;
33 (4) expertise; or
34 (5) relevant work or volunteer experience;
35 necessary to perform the job.
36 (b) An applicant may demonstrate qualification to perform the
37 job by using relevant and comparable:
38 (1) work or volunteer experience;
39 (2) education;
40 (3) skills;
41 (4) capabilities;
42 (5) expertise; or
2024 IN 1180—LS 6606/DI 141 3
1 (6) nondegree credentials, including skill based:
2 (A) certificates;
3 (B) badges; or
4 (C) professional certifications.
5 Sec. 9. The department shall enforce this chapter.
6 Sec. 10. (a) A public employer shall provide written notice to
7 each applicant who has been eliminated from hiring consideration.
8 The written notice must identify the reason why the applicant did
9 not meet the requirements for the job posting.
10 (b) An applicant who:
11 (1) was eliminated from hiring consideration; and
12 (2) reasonably believes the decision was based on the
13 applicant's lack of a postsecondary degree;
14 may appeal the decision to the department.
15 Sec. 11. Any person may report to the department a job posting
16 that:
17 (1) includes a:
18 (A) requirement; or
19 (B) preference;
20 for a postsecondary degree; and
21 (2) fails to include an explanation of the necessity of the
22 postsecondary degree as described in section 1 of this chapter.
23 Sec. 12. If an appeal under section 10(b) of this chapter or a
24 report under section 11 of this chapter is substantiated by the
25 department, the department shall require the public employer to:
26 (1) reopen the hiring process;
27 (2) modify the job posting; and
28 (3) take any other action necessary to comply with this
29 chapter.
2024 IN 1180—LS 6606/DI 141