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It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include, but not be limited to, the following practices:
A. Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity except athletic programs.
B. Denial of comparable opportunity in intramural and interscholastic athletic programs.
C. Discrimination among persons in employment and the conditions of employment.
D. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification.
For the purpose of this section "educational institution" includes any public preschool, elementary, secondary or merged area school or area education agency and their governing boards. Nothing in this section shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. (Ord. 4891, 11-13-2007)
A. The provisions of this chapter relating to discrimination because of age do not apply to a retirement plan or benefit system of an employer unless the plan or system is a mere subterfuge adopted for the purpose of evading this chapter. However, a retirement plan or benefit system shall not require the involuntary retirement of a person under the age of seventy (70) because of that person's age. This section does not prohibit the following:
1. The involuntary retirement of a person who has attained the age of sixty five (65) and has for the two (2) prior years been employed in a bona fide executive or high policy making position and who is entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan of the employer which equals twenty seven thousand dollars ($27,000.00). This retirement benefit test may be adjusted according to the regulations prescribed by the United States secretary of labor pursuant to public law 95-256, section 3.
2. The involuntary retirement of a person covered by a collective bargaining agreement which was entered into by a labor organization and was in effect on September 1, 1977. This exemption does not apply after the termination of that agreement or January 1, 1980, whichever first occurs.
B. A health insurance program provided by an employer may exclude coverage of abortion, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.
C. An employee welfare plan may provide life, disability or health insurance benefits which vary by age based on actuarial differences if the employer contributes equally for all the participating employees or may provide for employer contributions differing by age if the benefits for all the participating employees do not vary by age. (Ord. 4064, 1-3-1995)
Notes
| 1 | 1. IC § 216.13. |
It shall be an unfair or discriminatory practice for:
A. Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter.
B. Any person to discriminate against another person in any of the rights protected against discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter. An employer, employment agency or their employees, servants or agents may offer employment or advertise for employment to only the disabled so long as other applicants have available to them other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, sexual orientation, gender identity or national origin. (Ord. 4891, 11-13-2007)
A. It shall be an unfair or discriminatory practice for any person to discharge, harass, penalize or otherwise retaliate against an individual because of that individual's attempt to secure compliance with this chapter or the remedies provided hereunder.
B. It shall be an unfair or discriminatory practice for any person to discharge, harass, penalize or otherwise retaliate with respect to employment, housing, public accommodations or financial practices against any individual because of that individual's association with persons of a particular race, religion, creed, color, national origin, sex, sexual orientation, gender identity, disability or age. (Ord. 4891, 11-13-2007)
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