§ 22-5-4.6-0.5 — Applicability; exception for certain employers; filing requirement

Indiana § 22-5-4.6-0.5

• Jurisdiction: Indiana
• Art. 5: UNLAWFUL LABOR PRACTICES
• Ch. 4.6: Exemptions from COVID-19 Immunization

Text

5. (a) This chapter does not apply to the
following:
(1) An employee when the employee is working in another state,
if the employer provides accommodations for a COVID-19
immunization requirement for the employee in accordance with:
(A) Title VII of the federal Civil Rights Act of 1964, as
amended (42 U.S.C. 2000e et seq.); and
(B) the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.).
(2) An employer who has entered into a federally awarded or
amended contract, subcontract, or postsecondary grant as a
condition to receive federal funds, if:
(A) a COVID-19 immunization requirement is imposed on
parties that contract with the federal government under federal
law, federal regulation, or federal executive order;
(B) compliance with this chapter would result in a breach of
contract or a loss of federal funding;
(C) the employer provides accommodations for the COVID-19
immunization requirement for an employee in accordance with:
(i) Title VII of the federal Civil Rights Act of 1964, as
amended (42 U.S.C. 2000e et seq.); and
(ii) the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.); and
(D) an employer files with the secretary of state business
services division evidence that:
(i) a COVID-19 immunization requirement is imposed on
parties that contract with the federal government under
federal law, federal regulation, or federal executive order;
and
(ii) the employer has entered into a federally awarded or
amended contract, subcontract, or postsecondary grant as a
condition to receive federal funds.
(3) A health care facility that is subject to a federal immunization
requirement against COVID-19 for the health care facility's
employees.
(4) An employer or employee when:
(A) the employer operates:
(i) a professional sports organization; or
(ii) an entertainment organization or venue engaged in
producing or presenting musical, theatrical, or other types of
cultural entertainment;
(B) employees of the employer work in close proximity to the
live sports or entertainment; and
(C) the employer provides accommodations for a COVID-19
immunization requirement for employees in accordance with:
(i) Title VII of the federal Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.); and
(ii) the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.).
(b) Subsection (a)(2)(D) does not require an employer to disclose
confidential or proprietary information to the secretary of state. An
employer may redact any confidential or proprietary information prior
to submitting the evidence described in subsection (a)(2)(D).
(c) The information collected or maintained by the secretary of state
under subsection (a)(2)(D) shall be:
(1) public information; and
(2) available electronically for inspection by the public.

Legislative History

As added by P.L.1-2022, SEC.9.