Indiana 2025 Regular Session

Indiana House Bill HB1372 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. 1372
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-18-2-4.7; IC 20-33-1-1; IC 21-40;
7	7	IC 22-9-1-3.
8	8	Synopsis: Prohibited discriminatory practices. Prohibits
9	9	discrimination based upon an individual's status as an active member
10	10	of the armed forces, gender identity, or sexual orientation. Expands
11	11	nondiscriminatory public policies of the state to include sex, gender
12	12	identity, sexual orientation, and national origin as protected classes.
13	13	Effective: July 1, 2025.
14	14	Boy, Errington
15	15	January 13, 2025, read first time and referred to Committee on Judiciary.
16	16	2025 IN 1372—LS 6305/DI 149 Introduced
17	17	First Regular Session of the 124th General Assembly (2025)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2024 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1372
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning civil
29	29	rights.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 20-18-2-4.7 IS ADDED TO THE INDIANA CODE
32	32	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33	33	3 1, 2025]: Sec. 4.7. "Gender identity" has the meaning set forth in
34	34	4 IC 22-9-1-3.
35	35	5 SECTION 2. IC 20-33-1-1, AS AMENDED BY P.L.3-2008,
36	36	6 SECTION 118, IS AMENDED TO READ AS FOLLOWS
37	37	7 [EFFECTIVE JULY 1, 2025]: Sec. 1. The following is the public
38	38	8 policy of the state:
39	39	9 (1) To provide:
40	40	10 (A) equal;
41	41	11 (B) nonsegregated; and
42	42	12 (C) nondiscriminatory;
43	43	13 educational opportunities and facilities for all, regardless of race,
44	44	14 creed, national origin, color, or sex, gender identity, or sexual
45	45	15 orientation.
46	46	16 (2) To provide and furnish public schools open equally to all, and
47	47	17 prohibited and denied to none because of race, creed, color, or
48	48	2025 IN 1372—LS 6305/DI 149 2
49	49	1 national origin, sex, gender identity, or sexual orientation.
50	50	2 (3) To reaffirm the principles of:
51	51	3 (A) the Bill of Rights;
52	52	4 (B) civil rights; and
53	53	5 (C) the Constitution of the State of Indiana.
54	54	6 (4) To provide a uniform democratic system of public school
55	55	7 education to the state and the citizens of Indiana.
56	56	8 (5) To:
57	57	9 (A) abolish;
58	58	10 (B) eliminate; and
59	59	11 (C) prohibit;
60	60	12 segregated and separate schools or school districts on the basis of
61	61	13 race, creed, or color, national origin, sex, gender identity, or
62	62	14 sexual orientation.
63	63	15 (6) To eliminate and prohibit:
64	64	16 (A) segregation;
65	65	17 (B) separation; and
66	66	18 (C) discrimination;
67	67	19 on the basis of race, creed, or color, national origin, sex, gender
68	68	20 identity, or sexual orientation in public schools.
69	69	21 SECTION 3. IC 21-40-1-7.5 IS ADDED TO THE INDIANA CODE
70	70	22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
71	71	23 1, 2025]: Sec. 7.5. "Gender identity" has the meaning set forth in
72	72	24 IC 22-9-1-3.
73	73	25 SECTION 4. IC 21-40-1-10 IS ADDED TO THE INDIANA CODE
74	74	26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
75	75	27 1, 2025]: Sec. 10. "Veteran" has the meaning set forth in
76	76	28 IC 22-9-1-3.
77	77	29 SECTION 5. IC 21-40-2-1, AS ADDED BY P.L.2-2007, SECTION
78	78	30 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
79	79	31 1, 2025]: Sec. 1. The following is the public policy of the state:
80	80	32 (1) To provide:
81	81	33 (A) equal;
82	82	34 (B) nonsegregated; and
83	83	35 (C) nondiscriminatory;
84	84	36 educational opportunities and facilities for all, regardless of race,
85	85	37 creed, national origin, color, or sex, gender identity, sexual
86	86	38 orientation, or status as a veteran.
87	87	39 (2) To provide and furnish state educational institutions open
88	88	40 equally to all, and prohibited and denied to none because of race,
89	89	41 creed, color, or national origin, sex, gender identity, sexual
90	90	42 orientation, or status as a veteran.
91	91	2025 IN 1372—LS 6305/DI 149 3
92	92	1 (3) To reaffirm the principles of:
93	93	2 (A) the Bill of Rights;
94	94	3 (B) civil rights; and
95	95	4 (C) the Constitution of the State of Indiana.
96	96	5 (4) To provide a uniform democratic system of public education
97	97	6 to the state and the citizens of Indiana.
98	98	7 (5) To:
99	99	8 (A) abolish;
100	100	9 (B) eliminate; and
101	101	10 (C) prohibit;
102	102	11 segregated and separate departments or divisions of a state
103	103	12 educational institution on the basis of race, creed, or color,
104	104	13 national origin, sex, gender identity, sexual orientation, or
105	105	14 status as a veteran.
106	106	15 (6) To eliminate and prohibit:
107	107	16 (A) segregation;
108	108	17 (B) separation; and
109	109	18 (C) discrimination;
110	110	19 on the basis of race, color, or creed, national origin, sex, gender
111	111	20 identity, sexual orientation, or status as a veteran in state
112	112	21 educational institutions.
113	113	22 SECTION 6. IC 22-9-1-3, AS AMENDED BY P.L.213-2016,
114	114	23 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
115	115	24 JULY 1, 2025]: Sec. 3. As used in this chapter:
116	116	25 (a) "Person" means one (1) or more individuals, partnerships,
117	117	26 associations, organizations, limited liability companies, corporations,
118	118	27 labor organizations, cooperatives, legal representatives, trustees,
119	119	28 trustees in bankruptcy, receivers, and other organized groups of
120	120	29 persons.
121	121	30 (b) "Commission" means the civil rights commission created under
122	122	31 section 4 of this chapter.
123	123	32 (c) "Director" means the director of the civil rights commission.
124	124	33 (d) "Deputy director" means the deputy director of the civil rights
125	125	34 commission.
126	126	35 (e) "Commission attorney" means the deputy attorney general, such
127	127	36 assistants of the attorney general as may be assigned to the
128	128	37 commission, or such other attorney as may be engaged by the
129	129	38 commission.
130	130	39 (f) "Consent agreement" means a formal agreement entered into in
131	131	40 lieu of adjudication.
132	132	41 (g) "Affirmative action" means those acts that the commission
133	133	42 determines necessary to assure compliance with the Indiana civil rights
134	134	2025 IN 1372—LS 6305/DI 149 4
135	135	1 law.
136	136	2 (h) "Employer" means the state or any political or civil subdivision
137	137	3 thereof and any person employing six (6) or more persons within the
138	138	4 state, except that the term "employer" does not include:
139	139	5 (1) any nonprofit corporation or association organized exclusively
140	140	6 for fraternal or religious purposes;
141	141	7 (2) any school, educational, or charitable religious institution
142	142	8 owned or conducted by or affiliated with a church or religious
143	143	9 institution; or
144	144	10 (3) any exclusively social club, corporation, or association that is
145	145	11 not organized for profit.
146	146	12 (i) "Employee" means any person employed by another for wages or
147	147	13 salary. However, the term does not include any individual employed:
148	148	14 (1) by the individual's parents, spouse, or child; or
149	149	15 (2) in the domestic service of any person.
150	150	16 (j) "Labor organization" means any organization that exists for the
151	151	17 purpose in whole or in part of collective bargaining or of dealing with
152	152	18 employers concerning grievances, terms, or conditions of employment
153	153	19 or for other mutual aid or protection in relation to employment.
154	154	20 (k) "Employment agency" means any person undertaking with or
155	155	21 without compensation to procure, recruit, refer, or place employees.
156	156	22 (l) "Discriminatory practice" means:
157	157	23 (1) the exclusion of a person from equal opportunities because of
158	158	24 race, religion, color, sex, disability, national origin, ancestry, or
159	159	25 status as a veteran, gender identity, or sexual orientation;
160	160	26 (2) a system that excludes persons from equal opportunities
161	161	27 because of race, religion, color, sex, disability, national origin,
162	162	28 ancestry, or status as a veteran, gender identity, or sexual
163	163	29 orientation;
164	164	30 (3) the promotion of racial segregation or separation in any
165	165	31 manner, including but not limited to the inducing of or the
166	166	32 attempting to induce for profit any person to sell or rent any
167	167	33 dwelling by representations regarding the entry or prospective
168	168	34 entry in the neighborhood of a person or persons of a particular
169	169	35 race, religion, color, sex, disability, national origin, or ancestry,
170	170	36 gender identity, or sexual orientation;
171	171	37 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
172	172	38 committed by a covered entity (as defined in IC 22-9-5-4);
173	173	39 (5) the performance of an abortion solely because of the race,
174	174	40 color, sex, disability, national origin, or ancestry of the fetus; or
175	175	41 (6) a violation of any of the following statutes protecting the right
176	176	42 of conscience regarding abortion:
177	177	2025 IN 1372—LS 6305/DI 149 5
178	178	1 (A) IC 16-34-1-4.
179	179	2 (B) IC 16-34-1-5.
180	180	3 (C) IC 16-34-1-6.
181	181	4 Every discriminatory practice relating to the acquisition or sale of real
182	182	5 estate, education, public accommodations, employment, or the
183	183	6 extending of credit (as defined in IC 24-4.5-1-301.5) shall be
184	184	7 considered unlawful unless it is specifically exempted by this chapter.
185	185	8 (m) "Public accommodation" means any establishment that caters
186	186	9 or offers its services or facilities or goods to the general public.
187	187	10 (n) "Complainant" means:
188	188	11 (1) any individual charging on the individual's own behalf to have
189	189	12 been personally aggrieved by a discriminatory practice; or
190	190	13 (2) the director or deputy director of the commission charging that
191	191	14 a discriminatory practice was committed against a person (other
192	192	15 than the director or deputy director) or a class of people, in order
193	193	16 to vindicate the public policy of the state (as defined in section 2
194	194	17 of this chapter).
195	195	18 (o) "Complaint" means any written grievance that is:
196	196	19 (1) sufficiently complete and filed by a complainant with the
197	197	20 commission; or
198	198	21 (2) filed by a complainant as a civil action in the circuit or
199	199	22 superior court having jurisdiction in the county in which the
200	200	23 alleged discriminatory practice occurred.
201	201	24 The original of any complaint filed under subdivision (1) shall be
202	202	25 signed and verified by the complainant.
203	203	26 (p) "Sufficiently complete" refers to a complaint that includes:
204	204	27 (1) the full name and address of the complainant;
205	205	28 (2) the name and address of the respondent against whom the
206	206	29 complaint is made;
207	207	30 (3) the alleged discriminatory practice and a statement of
208	208	31 particulars thereof;
209	209	32 (4) the date or dates and places of the alleged discriminatory
210	210	33 practice and if the alleged discriminatory practice is of a
211	211	34 continuing nature the dates between which continuing acts of
212	212	35 discrimination are alleged to have occurred; and
213	213	36 (5) a statement as to any other action, civil or criminal, instituted
214	214	37 in any other form based upon the same grievance alleged in the
215	215	38 complaint, together with a statement as to the status or disposition
216	216	39 of the other action.
217	217	40 No complaint shall be valid unless filed within one hundred eighty
218	218	41 (180) days from the date of the occurrence of the alleged
219	219	42 discriminatory practice.
220	220	2025 IN 1372—LS 6305/DI 149 6
221	221	1 (q) "Sex" as it applies to segregation or separation in this chapter
222	222	2 applies to all types of employment, education, public accommodations,
223	223	3 and housing. However:
224	224	4 (1) it shall not be a discriminatory practice to maintain separate
225	225	5 restrooms;
226	226	6 (2) it shall not be an unlawful employment practice for an
227	227	7 employer to hire and employ employees, for an employment
228	228	8 agency to classify or refer for employment any individual, for a
229	229	9 labor organization to classify its membership or to classify or refer
230	230	10 for employment any individual, or for an employer, labor
231	231	11 organization, or joint labor management committee controlling
232	232	12 apprenticeship or other training or retraining programs to admit
233	233	13 or employ any other individual in any program on the basis of sex
234	234	14 in those certain instances where sex is a bona fide occupational
235	235	15 qualification reasonably necessary to the normal operation of that
236	236	16 particular business or enterprise; and
237	237	17 (3) it shall not be a discriminatory practice for a private or
238	238	18 religious educational institution to continue to maintain and
239	239	19 enforce a policy of admitting students of one (1) sex only.
240	240	20 (r) "Disabled" or "disability" means the physical or mental condition
241	241	21 of a person that constitutes a substantial disability. In reference to
242	242	22 employment under this chapter, "disabled or disability" also means the
243	243	23 physical or mental condition of a person that constitutes a substantial
244	244	24 disability unrelated to the person's ability to engage in a particular
245	245	25 occupation.
246	246	26 (s) "Veteran" means:
247	247	27 (1) an active member or a veteran of the armed forces of the
248	248	28 United States;
249	249	29 (2) a member of the Indiana National Guard; or
250	250	30 (3) a member of a reserve component.
251	251	31 (t) "Gender identity" means the psychological, behavioral,
252	252	32 social, and cultural attributes that an individual self-identifies with
253	253	33 even if the attributes differ from those that are traditionally
254	254	34 associated with the individual's assigned sex at birth.
255	255	2025 IN 1372—LS 6305/DI 149