Sec. 2. (a) Except as provided in subsection (c), an employer may not require an employee or prospective employee to take any of the following actions as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional compensation or other benefits:

(1) Implant, or undergo a procedure to implant, a device in the candidate’s or employee’s body.

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Terms Used In Indiana Code 22-5-8-2

  • device: includes any acoustic, optical, mechanical, electronic, medical, or molecular device. See Indiana Code 22-5-8-1
  • employer: means the state or any individual, partnership, association, limited liability company, corporation, business trust, or other governmental entity or political subdivision that has one (1) or more employees. See Indiana Code 22-5-8-1.5
(2) Inject, or receive an injection of, a device into the candidate’s or employee’s body.

(3) Ingest, inhale, or otherwise incorporate a device into the candidate’s or employee’s body.

     (b) Except as provided in subsection (c), an employer may not discriminate against an employee with respect to:

(1) the employee’s compensation and benefits; or

(2) terms and conditions of employment;

based on the employee’s refusal to take an action described in subsection (a).

     (c) An employer may, as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional compensation or other benefits, require an employee or a prospective employee to comply with a court order that directs the employee or prospective employee to take an action described in subsection (a).

As added by P.L.20-2020, SEC.1.