Thursday, September 22, 2011
Indiana Law Restricts Employers from Requiring Employees and Applicants to Disclose Gun Possession and/or Use
Indiana has passed a new “Disclosure of Firearm or Ammunition Information as a Condition of Employment” law. Under the law, no "public or private employer doing business in Indiana" may "require an applicant… or an employee to disclose information about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition, unless the disclosure concerns the possession, use, or transportation of a firearm or ammunition that is used in fulfilling the duties of the employment of the individual." Ind. Code § 34-28-8-6(1).
Employers are also prohibited from conditioning employment "or any rights, benefits, privileges, or opportunities offered by the employment" on an employee's or applicant's agreement to forgo lawfully owning, possessing, storing, transporting, or using a firearm or ammunition. Ind. Code § 34-28-8-6(2).
The law, which became effective July 1, 2011, covers all public and private employers "doing business" in Indiana.