Indiana 2024 Regular Session

Indiana House Bill HB1224 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. 1224
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-9-1.
7	7	Synopsis: Antisemitic discrimination. Defines "antisemitism" as the
8	8	May 26, 2016, working definition of antisemitism adopted by the
9	9	International Holocaust Remembrance Alliance. Provides that an act
10	10	of antisemitism constitutes a discriminatory practice. Requires certain
11	11	training materials to contain an educational program to protect against
12	12	antisemitism.
13	13	Effective: July 1, 2024.
14	14	Haggard, Speedy, Pressel
15	15	January 9, 2024, read first time and referred to Committee on Employment, Labor and
16	16	Pensions.
17	17	2024 IN 1224—LS 6893/DI 149 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1224
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning labor
30	30	and safety.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 22-9-1-3, AS AMENDED BY P.L.213-2016,
33	33	2 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2024]: Sec. 3. As used in this chapter:
35	35	4 (a) "Person" means one (1) or more individuals, partnerships,
36	36	5 associations, organizations, limited liability companies, corporations,
37	37	6 labor organizations, cooperatives, legal representatives, trustees,
38	38	7 trustees in bankruptcy, receivers, and other organized groups of
39	39	8 persons.
40	40	9 (b) "Commission" means the civil rights commission created under
41	41	10 section 4 of this chapter.
42	42	11 (c) "Director" means the director of the civil rights commission.
43	43	12 (d) "Deputy director" means the deputy director of the civil rights
44	44	13 commission.
45	45	14 (e) "Commission attorney" means the deputy attorney general, such
46	46	15 assistants of the attorney general as may be assigned to the
47	47	16 commission, or such other attorney as may be engaged by the
48	48	17 commission.
49	49	2024 IN 1224—LS 6893/DI 149 2
50	50	1 (f) "Consent agreement" means a formal agreement entered into in
51	51	2 lieu of adjudication.
52	52	3 (g) "Affirmative action" means those acts that the commission
53	53	4 determines necessary to assure compliance with the Indiana civil rights
54	54	5 law.
55	55	6 (h) "Employer" means the state or any political or civil subdivision
56	56	7 thereof and any person employing six (6) or more persons within the
57	57	8 state, except that the term "employer" does not include:
58	58	9 (1) any nonprofit corporation or association organized exclusively
59	59	10 for fraternal or religious purposes;
60	60	11 (2) any school, educational, or charitable religious institution
61	61	12 owned or conducted by or affiliated with a church or religious
62	62	13 institution; or
63	63	14 (3) any exclusively social club, corporation, or association that is
64	64	15 not organized for profit.
65	65	16 (i) "Employee" means any person employed by another for wages or
66	66	17 salary. However, the term does not include any individual employed:
67	67	18 (1) by the individual's parents, spouse, or child; or
68	68	19 (2) in the domestic service of any person.
69	69	20 (j) "Labor organization" means any organization that exists for the
70	70	21 purpose in whole or in part of collective bargaining or of dealing with
71	71	22 employers concerning grievances, terms, or conditions of employment
72	72	23 or for other mutual aid or protection in relation to employment.
73	73	24 (k) "Employment agency" means any person undertaking with or
74	74	25 without compensation to procure, recruit, refer, or place employees.
75	75	26 (l) "Discriminatory practice" means:
76	76	27 (1) the exclusion of a person from equal opportunities because of
77	77	28 race, religion, color, sex, disability, national origin, ancestry, or
78	78	29 status as a veteran;
79	79	30 (2) a system that excludes persons from equal opportunities
80	80	31 because of race, religion, color, sex, disability, national origin,
81	81	32 ancestry, or status as a veteran;
82	82	33 (3) the promotion of racial segregation or separation in any
83	83	34 manner, including but not limited to the inducing of or the
84	84	35 attempting to induce for profit any person to sell or rent any
85	85	36 dwelling by representations regarding the entry or prospective
86	86	37 entry in the neighborhood of a person or persons of a particular
87	87	38 race, religion, color, sex, disability, national origin, or ancestry;
88	88	39 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
89	89	40 committed by a covered entity (as defined in IC 22-9-5-4);
90	90	41 (5) the performance of an abortion solely because of the race,
91	91	42 color, sex, disability, national origin, or ancestry of the fetus; or
92	92	2024 IN 1224—LS 6893/DI 149 3
93	93	1 (6) a violation of any of the following statutes protecting the right
94	94	2 of conscience regarding abortion:
95	95	3 (A) IC 16-34-1-4.
96	96	4 (B) IC 16-34-1-5.
97	97	5 (C) IC 16-34-1-6; or
98	98	6 (7) an act of antisemitism, whether expressed by an individual
99	99	7 or through an institutional or public policy.
100	100	8 Every discriminatory practice relating to the acquisition or sale of real
101	101	9 estate, education, public accommodations, employment, or the
102	102	10 extending of credit (as defined in IC 24-4.5-1-301.5) shall be
103	103	11 considered unlawful unless it is specifically exempted by this chapter.
104	104	12 (m) "Public accommodation" means any establishment that caters
105	105	13 or offers its services or facilities or goods to the general public.
106	106	14 (n) "Complainant" means:
107	107	15 (1) any individual charging on the individual's own behalf to have
108	108	16 been personally aggrieved by a discriminatory practice; or
109	109	17 (2) the director or deputy director of the commission charging that
110	110	18 a discriminatory practice was committed against a person (other
111	111	19 than the director or deputy director) or a class of people, in order
112	112	20 to vindicate the public policy of the state (as defined in section 2
113	113	21 of this chapter).
114	114	22 (o) "Complaint" means any written grievance that is:
115	115	23 (1) sufficiently complete and filed by a complainant with the
116	116	24 commission; or
117	117	25 (2) filed by a complainant as a civil action in the circuit or
118	118	26 superior court having jurisdiction in the county in which the
119	119	27 alleged discriminatory practice occurred.
120	120	28 The original of any complaint filed under subdivision (1) shall be
121	121	29 signed and verified by the complainant.
122	122	30 (p) "Sufficiently complete" refers to a complaint that includes:
123	123	31 (1) the full name and address of the complainant;
124	124	32 (2) the name and address of the respondent against whom the
125	125	33 complaint is made;
126	126	34 (3) the alleged discriminatory practice and a statement of
127	127	35 particulars thereof;
128	128	36 (4) the date or dates and places of the alleged discriminatory
129	129	37 practice and if the alleged discriminatory practice is of a
130	130	38 continuing nature the dates between which continuing acts of
131	131	39 discrimination are alleged to have occurred; and
132	132	40 (5) a statement as to any other action, civil or criminal, instituted
133	133	41 in any other form based upon the same grievance alleged in the
134	134	42 complaint, together with a statement as to the status or disposition
135	135	2024 IN 1224—LS 6893/DI 149 4
136	136	1 of the other action.
137	137	2 No complaint shall be valid unless filed within one hundred eighty
138	138	3 (180) days from the date of the occurrence of the alleged
139	139	4 discriminatory practice.
140	140	5 (q) "Sex" as it applies to segregation or separation in this chapter
141	141	6 applies to all types of employment, education, public accommodations,
142	142	7 and housing. However:
143	143	8 (1) it shall not be a discriminatory practice to maintain separate
144	144	9 restrooms;
145	145	10 (2) it shall not be an unlawful employment practice for an
146	146	11 employer to hire and employ employees, for an employment
147	147	12 agency to classify or refer for employment any individual, for a
148	148	13 labor organization to classify its membership or to classify or refer
149	149	14 for employment any individual, or for an employer, labor
150	150	15 organization, or joint labor management committee controlling
151	151	16 apprenticeship or other training or retraining programs to admit
152	152	17 or employ any other individual in any program on the basis of sex
153	153	18 in those certain instances where sex is a bona fide occupational
154	154	19 qualification reasonably necessary to the normal operation of that
155	155	20 particular business or enterprise; and
156	156	21 (3) it shall not be a discriminatory practice for a private or
157	157	22 religious educational institution to continue to maintain and
158	158	23 enforce a policy of admitting students of one (1) sex only.
159	159	24 (r) "Disabled" or "disability" means the physical or mental condition
160	160	25 of a person that constitutes a substantial disability. In reference to
161	161	26 employment under this chapter, "disabled or disability" also means the
162	162	27 physical or mental condition of a person that constitutes a substantial
163	163	28 disability unrelated to the person's ability to engage in a particular
164	164	29 occupation.
165	165	30 (s) "Veteran" means:
166	166	31 (1) a veteran of the armed forces of the United States;
167	167	32 (2) a member of the Indiana National Guard; or
168	168	33 (3) a member of a reserve component.
169	169	34 (t) "Antisemitism" means the May 26, 2016, working definition
170	170	35 of antisemitism adopted by the International Holocaust
171	171	36 Remembrance Alliance. Antisemitism manifestations might include
172	172	37 the targeting of the state of Israel, conceived as a Jewish
173	173	38 collectivity. However, criticism of Israel similar to that leveled
174	174	39 against any other country cannot be regarded as antisemitic.
175	175	40 Antisemitism frequently charges Jews with conspiring to harm
176	176	41 humanity, and it is often used to blame Jews for "why things go
177	177	42 wrong". It is expressed in speech, writing, visual forms, and action,
178	178	2024 IN 1224—LS 6893/DI 149 5
179	179	1 and it employs sinister stereotypes and negative character traits.
180	180	2 SECTION 2. IC 22-9-1-7 IS AMENDED TO READ AS FOLLOWS
181	181	3 [EFFECTIVE JULY 1, 2024]: Sec. 7. In order to eliminate prejudice
182	182	4 among the various racial, religious, and ethnic groups in this state and
183	183	5 to further goodwill among such groups, the commission, in cooperation
184	184	6 with the state department of education and the universities and colleges
185	185	7 of the state, and such other universities and colleges as are willing to
186	186	8 cooperate, is directed to prepare a comprehensive educational program,
187	187	9 designed to emphasize the origin of prejudice against such minority
188	188	10 groups, its harmful effects, its incompatibility with American principles
189	189	11 of equality and fair play, and violation of the brotherhood of man. All
190	190	12 training documents and materials created in compliance with this
191	191	13 section must include a comprehensive educational program to
192	192	14 protect against antisemitism.
193	193	2024 IN 1224—LS 6893/DI 149