New Indiana Law Protects Veterans from Discrimination
Author: Beth Zoller, XpertHR Legal Editor
April 15, 2014
On March 25, 2014, Indiana Governor Mike Pence signed a law aimed at creating employment opportunities for veterans. Under the new law, an employer engages in veteran discrimination if it denies employment based on veteran status or if it uses a system that excludes the following individuals from equal opportunities:
- A veteran of the US Armed Forces;
- A member of the Indiana National Guard; or
- A member of the reserves.
The law applies to an employer who employs six or more workers. It is effective July 1, 2014.
Similar to the Indiana Civil Rights Law, the new law designates the Indiana Civil Rights Commission to receive, investigate and attempt to resolve discrimination complaints. If it is determined that an employer has committed a discriminatory practice by failing to employ an individual based on his or her veteran status, relief may include placing the veteran in the employment position to which the veteran applied. The law provides that an employer may have an affirmative defense to a discrimination claim if a qualification standard, test or selection criteria that tends to screen out, actually screens out or otherwise denies a job or benefit to a veteran with a disability is shown to be job-related and consistent with business necessity, and performance cannot be accomplished by reasonable accommodation. Additionally, the law permits certain religious entities to give employment preference to individuals of a particular religion.
The new law mandates that employers with six or more workers in Indiana provide applicants with a notice that details this new law concerning employment opportunities for veterans. The state will develop a model notice that an employer may use to comply with the new law.
"The new Indiana statute makes military service a protected class under Indiana law," says Stuart Buttrick, a Partner on Faegre Baker Daniels LLP's Labor and Employment practice group. Mr. Buttrick states that, practically speaking, "the statute will likely not require significant human resources changes by Indiana employers as the federal Uniformed Services Employment and Reemployment Rights Act, which applies to all civilian employers, already prohibits employers from denying employment on the basis of a person's past or present membership in the uniformed services."