Indiana § 22-8-1.1-38.1 Discrimination against employee filing complaint or testifying;
complaint; remedy; notice of determination

Indiana Statutes

§ 22-8-1.1-38.1 — Discrimination against employee filing complaint or testifying; complaint; remedy; notice of determination

Indiana § 22-8-1.1-38.1

Art. 8OCCUPATIONAL HEALTH AND SAFETY

Ch. 1.1Indiana Occupational Safety and Health Act (IOSHA)

This text of Indiana § 22-8-1.1-38.1 (Discrimination against employee filing complaint or testifying; complaint; remedy; notice of determination) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 22-8-1.1-38.1 (2026).

Text

1.

(a)No person shall discharge or in any way discriminate against any employee because such employee has filed a complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of the employee or others of any right afforded by this chapter.

(b)Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) calendar days after such violation occurs, file a complaint with the commissioner alleging such discrimination. Upon receipt of such complaint, the commissioner shall cause such investigation to be made as the commissioner deems appro

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1. (a) No person shall discharge or in any
way discriminate against any employee because such employee has
filed a complaint or instituted or caused to be instituted any proceeding
under or related to this chapter or has testified or is about to testify in
any such proceeding or because of the exercise by such employee on
behalf of the employee or others of any right afforded by this chapter.
(b) Any employee who believes that the employee has been
discharged or otherwise discriminated against by any person in
violation of this section may, within thirty (30) calendar days after such
violation occurs, file a complaint with the commissioner alleging such
discrimination. Upon receipt of such complaint, the commissioner shall
cause such investigation to be made as the commissioner deems
appropriate. If after such investigation, the commissioner determines
that the provisions of this section have been violated, the
commissioner, through the attorney general, shall, within one hundred
twenty (120) days after receipt of said complaint, bring an action in the
circuit court, superior court, or probate court. The circuit court,
superior court, or probate court shall have jurisdiction to restrain
violations of this section and order all appropriate relief, including
rehiring, or reinstatement of the employee to the employee's former
position with back pay, after taking into account any interim earnings
of the employee.
(c) Within ninety (90) days of the receipt of a complaint filed under
this section, the commissioner shall notify the complainant in writing
of the commissioner's determination under this section.
Formerly: Acts 1973, P.L.241, SEC.44. As amended by
P.L.84-2016, SEC.97.