Sec. 0.5. (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:

Terms Used In Indiana Code 22-5-4.6-0.5

  • Contract: A legal written agreement that becomes binding when signed.
  • employee: means an individual who works for an employer on a full-time or part-time basis, either paid or unpaid. See Indiana Code 22-5-4.6-2
  • employer: means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. See Indiana Code 22-5-4.6-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • immunization: means the treatment of an individual with a vaccine to produce immunity. See Indiana Code 22-5-4.6-4
  • Venue: The geographical location in which a case is tried.
(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.

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

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