Sec. 13. (a) The prohibition against discrimination in employment because of disability does not apply to failure of an employer to employ or to retain as an employee any person who because of a disability is physically or otherwise unable to efficiently and safely perform, at the standards set by the employer, the duties required in that job.

     (b) After a person with a disability is employed, the employer shall not be required under this chapter to promote or transfer such person with a disability to another job or occupation, unless, prior to such transfer, such person with a disability by training or experience is qualified for such job or occupation.

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Terms Used In Indiana Code 22-9-1-13

  • disability: means the physical or mental condition of a person that constitutes a substantial disability. See Indiana Code 22-9-1-3
  • Employee: means any person employed by another for wages or salary. See Indiana Code 22-9-1-3
  • Employer: means the state or any political or civil subdivision thereof and any person employing six (6) or more persons within the state, except that the term "employer" does not include:

    Indiana Code 22-9-1-3

  • Person: means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. See Indiana Code 22-9-1-3
     (c) This section shall not be construed to require any employer to modify any physical accommodations or administrative procedures to accommodate a person with a disability.

Formerly: Acts 1975, P.L.256, SEC.6. As amended by Acts 1978, P.L.123, SEC.1; P.L.226-1985, SEC.1; P.L.23-1993, SEC.134.