Employee Privacy: Indiana

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick and Alexander E. Preller, Faegre Drinker Biddle & Reath LLP

Summary

• Indiana recognizes a right to privacy to warrant caution by employers. See Right to Privacy.
• Employers may conduct criminal history checks on job applicants and employees subject to certain exceptions. See Criminal History.
• Indiana only allows for AIDS testing with prior consent. See AIDS Testing.
• Employers in Indiana may conduct medical testing and medical inquiries subject to certain restrictions. See Medical Testing and Medical Inquiries.
• Indiana requires the consent of one of the parties when electronic communications are intercepted. See Interception of Electronic Communications.
• Employers should administer employment tests in a nondiscriminatory manner. See Employment Tests.
• Indiana has laws regarding drug testing of employees and applicants. See Drug Testing.
• Indiana law has certain requirements when secure data is breached. See Disclosure of Security Breaches.
• Employers are prohibited from requiring current and prospective employees to submit to having a device implanted, injected or otherwise incorporated into their body. See Microchip Implantation.