Sec. 1. For the purpose of this chapter:
"Discrimination" shall mean dismissal from employment of, or
refusal to employ or rehire any person because of his age, if such
person has attained the age of forty (40) years and has not attained the
age of seventy-five (75) years.
"Person" shall mean and include an individual, partnership, limited
liability company, corporation, or association.
"Employer" shall mean and include any person in this state
employing one (1) or more individuals, labor organizations, the state
and all political subdivisions, boards, departments and commissions
thereof, but does not include:
(1) religious, charitable, fraternal, social, educational or sectarian
corporations, or associations not organized for private profit, other
than labor organizations and nonsectarian corporations, or
organizations engaged in social service work; or
(2) a person or governmental entity which is subject to the federal
Age Discrimination in Employment Act (29 U.S.C. 621 et seq.).
Formerly: Acts 1965, c.368, s.1. As amended by Acts 1979,
P.L.206, SEC.3; P.L.8-1993, SEC.293; P.L.166-2009, SEC.1.
Notes of Decisions
Montgomery v. Bd. of Trs. of Purdue Univ., 849 N.E.2d 1120 (Ind. 2006).
· cites it 8× “" Accordingly, if Purdue is "subject to" the ADEA, the trial court properly concluded *1123 that Montgomery had no claim under the IADA. The parties agree that Purdue meets the statutory definition of "employer" under the ADEA, [1] and is required to comply with the ADEA's…”
Keene v. Marion Cnty. Superior Court, 849 N.E.2d 1141 (Ind. 2006).
· cites it 8× “" Ind.Code § 22-9-2-1 (1998). As was the case with Purdue, the employer here is also subject to the ADEA.”
Keitz v. Lever Bros. Co., 563 F. Supp. 230 (N.D. Ind. 1983).
· cites it 4× “The Indiana law regarding age discrimination in employment is found at Indiana Code §§ 22-9-2-1, et seq. and authorizes the Commissioner of Labor of the State of Indiana to investigate complaints of individuals who file age discrimination complaints with the Commissioner of…”
MC Welding & MacHining Co. v. Kotwa, 845 N.E.2d 188 (Ind. Ct. App. 2006).
· cites it 2× “Welding's conduct violated Ind.Code §§ 22-9-2-1 to -11, which prohibits discrimination on the basis of age, and Ind.”
Montgomery v. Bd. of Trs. of Purdue Univ., 824 N.E.2d 1278 (Ind. Ct. App. 2005).
· cites it 6× “Indeed, the Court observed, "State employees are protected by state age discrimination statutes, and may recover money damages from their state employers, in almost every State of the Union." Id. The Court then dropped a footnote citing to the IADA, as well as to legislation…”
Edward Skillman v. Ivy Tech Cmty. Coll., 52 N.E.3d 11 (Ind. Ct. App. 2016).
· cites it 2× “2d at 1122 (citing I.C. § 22-9-2-1). Our supreme court first noted that the State, while governed by the federal law, was immune from suits for monetary damages by private citizens for alleged violations of that law pursuant to the Eleventh Amendment.”
Paul Hester v. Indiana State Dep't of He, 726 F.3d 942 (7th Cir. 2013).
“The Indiana Supreme Court has held that there is no private civil damages remedy under Indiana’s state Age Discrimination Act, Ind.Code § 22-9-2-1, and thus (in that court’s view) Indiana is under no obligation to recognize comparable claims under the federal ADEA.”
Helman v. AMF, INC., 675 F. Supp. 1163 (S.D. Ind. 1987).
· cites it 4× “At bar, plaintiff is asserting a novel cause of action under I.C. § 22-9-2-1, et seq. In the statute, the Indiana legislature makes it an “unfair employment practice and against public policy to dismiss, or to refuse to employ or, rehire, any person solely because of his age_” I.”
Town of South Whitley, Ind. v. Cincinnati Ins. Co., 724 F. Supp. 599 (N.D. Ind. 1989).
· cites it 2× “The Indiana ADEA, I.C. § 22-9-2-1 et seq, was patterned after the Federal ADEA and is intended to provide coverage only where a plaintiff cannot proceed under the federal act.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.