Text of IN HB 1372 (2025)

Introduced Version HOUSE BILL No. 1372 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-18-2-4.7; IC 20-33-1-1; IC 21-40; IC 22-9-1-3. Synopsis: Prohibited discriminatory practices. Prohibits discrimination based upon an individual's status as an active member of the armed forces, gender identity, or sexual orientation. Expands nondiscriminatory public policies of the state to include sex, gender identity, sexual orientation, and national origin as protected classes. Effective: July 1, 2025. Boy, Errington January 13, 2025, read first time and referred to Committee on Judiciary. 2025 IN 1372—LS 6305/DI 149 Introduced First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. HOUSE BILL No. 1372 A BILL FOR AN ACT to amend the Indiana Code concerning civil rights. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 20-18-2-4.7 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2025]: Sec. 4.7. "Gender identity" has the meaning set forth in 4 IC 22-9-1-3. 5 SECTION 2. IC 20-33-1-1, AS AMENDED BY P.L.3-2008, 6 SECTION 118, IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2025]: Sec. 1. The following is the public 8 policy of the state: 9 (1) To provide: 10 (A) equal; 11 (B) nonsegregated; and 12 (C) nondiscriminatory; 13 educational opportunities and facilities for all, regardless of race, 14 creed, national origin, color, or sex, gender identity, or sexual 15 orientation. 16 (2) To provide and furnish public schools open equally to all, and 17 prohibited and denied to none because of race, creed, color, or 2025 IN 1372—LS 6305/DI 149 2 1 national origin, sex, gender identity, or sexual orientation. 2 (3) To reaffirm the principles of: 3 (A) the Bill of Rights; 4 (B) civil rights; and 5 (C) the Constitution of the State of Indiana. 6 (4) To provide a uniform democratic system of public school 7 education to the state and the citizens of Indiana. 8 (5) To: 9 (A) abolish; 10 (B) eliminate; and 11 (C) prohibit; 12 segregated and separate schools or school districts on the basis of 13 race, creed, or color, national origin, sex, gender identity, or 14 sexual orientation. 15 (6) To eliminate and prohibit: 16 (A) segregation; 17 (B) separation; and 18 (C) discrimination; 19 on the basis of race, creed, or color, national origin, sex, gender 20 identity, or sexual orientation in public schools. 21 SECTION 3. IC 21-40-1-7.5 IS ADDED TO THE INDIANA CODE 22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 23 1, 2025]: Sec. 7.5. "Gender identity" has the meaning set forth in 24 IC 22-9-1-3. 25 SECTION 4. IC 21-40-1-10 IS ADDED TO THE INDIANA CODE 26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 27 1, 2025]: Sec. 10. "Veteran" has the meaning set forth in 28 IC 22-9-1-3. 29 SECTION 5. IC 21-40-2-1, AS ADDED BY P.L.2-2007, SECTION 30 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 31 1, 2025]: Sec. 1. The following is the public policy of the state: 32 (1) To provide: 33 (A) equal; 34 (B) nonsegregated; and 35 (C) nondiscriminatory; 36 educational opportunities and facilities for all, regardless of race, 37 creed, national origin, color, or sex, gender identity, sexual 38 orientation, or status as a veteran. 39 (2) To provide and furnish state educational institutions open 40 equally to all, and prohibited and denied to none because of race, 41 creed, color, or national origin, sex, gender identity, sexual 42 orientation, or status as a veteran. 2025 IN 1372—LS 6305/DI 149 3 1 (3) To reaffirm the principles of: 2 (A) the Bill of Rights; 3 (B) civil rights; and 4 (C) the Constitution of the State of Indiana. 5 (4) To provide a uniform democratic system of public education 6 to the state and the citizens of Indiana. 7 (5) To: 8 (A) abolish; 9 (B) eliminate; and 10 (C) prohibit; 11 segregated and separate departments or divisions of a state 12 educational institution on the basis of race, creed, or color, 13 national origin, sex, gender identity, sexual orientation, or 14 status as a veteran. 15 (6) To eliminate and prohibit: 16 (A) segregation; 17 (B) separation; and 18 (C) discrimination; 19 on the basis of race, color, or creed, national origin, sex, gender 20 identity, sexual orientation, or status as a veteran in state 21 educational institutions. 22 SECTION 6. IC 22-9-1-3, AS AMENDED BY P.L.213-2016, 23 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2025]: Sec. 3. As used in this chapter: 25 (a) "Person" means one (1) or more individuals, partnerships, 26 associations, organizations, limited liability companies, corporations, 27 labor organizations, cooperatives, legal representatives, trustees, 28 trustees in bankruptcy, receivers, and other organized groups of 29 persons. 30 (b) "Commission" means the civil rights commission created under 31 section 4 of this chapter. 32 (c) "Director" means the director of the civil rights commission. 33 (d) "Deputy director" means the deputy director of the civil rights 34 commission. 35 (e) "Commission attorney" means the deputy attorney general, such 36 assistants of the attorney general as may be assigned to the 37 commission, or such other attorney as may be engaged by the 38 commission. 39 (f) "Consent agreement" means a formal agreement entered into in 40 lieu of adjudication. 41 (g) "Affirmative action" means those acts that the commission 42 determines necessary to assure compliance with the Indiana civil rights 2025 IN 1372—LS 6305/DI 149 4 1 law. 2 (h) "Employer" means the state or any political or civil subdivision 3 thereof and any person employing six (6) or more persons within the 4 state, except that the term "employer" does not include: 5 (1) any nonprofit corporation or association organized exclusively 6 for fraternal or religious purposes; 7 (2) any school, educational, or charitable religious institution 8 owned or conducted by or affiliated with a church or religious 9 institution; or 10 (3) any exclusively social club, corporation, or association that is 11 not organized for profit. 12 (i) "Employee" means any person employed by another for wages or 13 salary. However, the term does not include any individual employed: 14 (1) by the individual's parents, spouse, or child; or 15 (2) in the domestic service of any person. 16 (j) "Labor organization" means any organization that exists for the 17 purpose in whole or in part of collective bargaining or of dealing with 18 employers concerning grievances, terms, or conditions of employment 19 or for other mutual aid or protection in relation to employment. 20 (k) "Employment agency" means any person undertaking with or 21 without compensation to procure, recruit, refer, or place employees. 22 (l) "Discriminatory practice" means: 23 (1) the exclusion of a person from equal opportunities because of 24 race, religion, color, sex, disability, national origin, ancestry, or 25 status as a veteran, gender identity, or sexual orientation; 26 (2) a system that excludes persons from equal opportunities 27 because of race, religion, color, sex, disability, national origin, 28 ancestry, or status as a veteran, gender identity, or sexual 29 orientation; 30 (3) the promotion of racial segregation or separation in any 31 manner, including but not limited to the inducing of or the 32 attempting to induce for profit any person to sell or rent any 33 dwelling by representations regarding the entry or prospective 34 entry in the neighborhood of a person or persons of a particular 35 race, religion, color, sex, disability, national origin, or ancestry, 36 gender identity, or sexual orientation; 37 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is 38 committed by a covered entity (as defined in IC 22-9-5-4); 39 (5) the performance of an abortion solely because of the race, 40 color, sex, disability, national origin, or ancestry of the fetus; or 41 (6) a violation of any of the following statutes protecting the right 42 of conscience regarding abortion: 2025 IN 1372—LS 6305/DI 149 5 1 (A) IC 16-34-1-4. 2 (B) IC 16-34-1-5. 3 (C) IC 16-34-1-6. 4 Every discriminatory practice relating to the acquisition or sale of real 5 estate, education, public accommodations, employment, or the 6 extending of credit (as defined in IC 24-4.5-1-301.5) shall be 7 considered unlawful unless it is specifically exempted by this chapter. 8 (m) "Public accommodation" means any establishment that caters 9 or offers its services or facilities or goods to the general public. 10 (n) "Complainant" means: 11 (1) any individual charging on the individual's own behalf to have 12 been personally aggrieved by a discriminatory practice; or 13 (2) the director or deputy director of the commission charging that 14 a discriminatory practice was committed against a person (other 15 than the director or deputy director) or a class of people, in order 16 to vindicate the public policy of the state (as defined in section 2 17 of this chapter). 18 (o) "Complaint" means any written grievance that is: 19 (1) sufficiently complete and filed by a complainant with the 20 commission; or 21 (2) filed by a complainant as a civil action in the circuit or 22 superior court having jurisdiction in the county in which the 23 alleged discriminatory practice occurred. 24 The original of any complaint filed under subdivision (1) shall be 25 signed and verified by the complainant. 26 (p) "Sufficiently complete" refers to a complaint that includes: 27 (1) the full name and address of the complainant; 28 (2) the name and address of the respondent against whom the 29 complaint is made; 30 (3) the alleged discriminatory practice and a statement of 31 particulars thereof; 32 (4) the date or dates and places of the alleged discriminatory 33 practice and if the alleged discriminatory practice is of a 34 continuing nature the dates between which continuing acts of 35 discrimination are alleged to have occurred; and 36 (5) a statement as to any other action, civil or criminal, instituted 37 in any other form based upon the same grievance alleged in the 38 complaint, together with a statement as to the status or disposition 39 of the other action. 40 No complaint shall be valid unless filed within one hundred eighty 41 (180) days from the date of the occurrence of the alleged 42 discriminatory practice. 2025 IN 1372—LS 6305/DI 149 6 1 (q) "Sex" as it applies to segregation or separation in this chapter 2 applies to all types of employment, education, public accommodations, 3 and housing. However: 4 (1) it shall not be a discriminatory practice to maintain separate 5 restrooms; 6 (2) it shall not be an unlawful employment practice for an 7 employer to hire and employ employees, for an employment 8 agency to classify or refer for employment any individual, for a 9 labor organization to classify its membership or to classify or refer 10 for employment any individual, or for an employer, labor 11 organization, or joint labor management committee controlling 12 apprenticeship or other training or retraining programs to admit 13 or employ any other individual in any program on the basis of sex 14 in those certain instances where sex is a bona fide occupational 15 qualification reasonably necessary to the normal operation of that 16 particular business or enterprise; and 17 (3) it shall not be a discriminatory practice for a private or 18 religious educational institution to continue to maintain and 19 enforce a policy of admitting students of one (1) sex only. 20 (r) "Disabled" or "disability" means the physical or mental condition 21 of a person that constitutes a substantial disability. In reference to 22 employment under this chapter, "disabled or disability" also means the 23 physical or mental condition of a person that constitutes a substantial 24 disability unrelated to the person's ability to engage in a particular 25 occupation. 26 (s) "Veteran" means: 27 (1) an active member or a veteran of the armed forces of the 28 United States; 29 (2) a member of the Indiana National Guard; or 30 (3) a member of a reserve component. 31 (t) "Gender identity" means the psychological, behavioral, 32 social, and cultural attributes that an individual self-identifies with 33 even if the attributes differ from those that are traditionally 34 associated with the individual's assigned sex at birth. 2025 IN 1372—LS 6305/DI 149