in-20260812-IR-910260272FNA: EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS

TITLE 910 CIVIL RIGHTS COMMISSION Notice of First Public Comment Period LSA Document #26-272 EMPLOYMENT DISCRIMINATION AGAINST DISABLED PERSONS PURPOSE OF NOTICE The Civil Rights Commission (CRC) is soliciting public comment on amending and repealing rules at 910 IAC 3 concerning employment discrimination against disabled persons. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260812-IR-910260272RAA Notice of Public Hearing: 20260812-IR-910260272PHA CITATIONS AFFECTED: 910 IAC 3 AUTHORITY: IC 22-9-5-27 OVERVIEW Basic Purpose and Background CRC has been given the statutory authority to formulate policies to effectuate the purposes of the Indiana Civil Rights Law, including employment discrimination against disabled persons, and to provide rights and remedies equivalent to federal protections under the Americans with Disabilities Act. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT CRC is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than September 11, 2026. The rule, Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Civil Rights Commission, 100 North Senate Avenue, Room N300, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and materials incorporated by reference are available at the Civil Rights Commission office. If CRC does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE 910 IAC 3-1-1 Purpose Sec. 1. The purpose of this article is to implement IC 22-9-5. that requires equal employment opportunities for qualified individuals with disabilities. 910 IAC 3-1-2 Applicability Sec. 2. This article applies to any covered entities as entity defined at IC 22-9-5-4(c). IC 22-9-5 and 29 CFR 1630.2*. 910 IAC 3-1-3 Construction Sec. 3. (a) Except as otherwise provided in this article, this article does not apply a lesser standard than the standards those applied under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 790-794a), or the regulations issued by federal agencies pursuant to that title. (b) This article does not invalidate or limit the remedies, rights, and procedures of any state law or political subdivision of the state or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this article. 910 IAC 3-2-1 Applicability Sec. 1. The definitions in this rule and IC 22-9-5 apply throughout this article. 910 IAC 3-2-3 "Direct threat" defined Sec. 3. "Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a direct threat shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In determining whether an individual would pose a direct threat, the following factors must be considered: has the meaning set forth in 29 CFR 1630.2(n). 910 IAC 3-2-6 "Essential functions" defined Sec. 6. (a) "Essential functions" means the fundamental job duties of the employment position the individual with a disability holds or desires. The term does not include the marginal functions of the position. A job function may be considered essential for any of several reasons, including, but not limited to, the following: has the meaning set forth in 29 CFR 1630.2(n). (b) Evidence of whether a particular function is essential includes, but is not limited to, the following: 910 IAC 3-2-7 "Has a record of such impairment" defined Sec. 7. "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities. Is regarded as having such an impairment means: has the meaning set forth in 29 CFR 1630.2(k). 910 IAC 3-2-9 "Major life activity" defined Sec. 9. "Major life activity" means a function, such as the following: has the meaning set forth in 29 CFR 1630.2(i). 910 IAC 3-2-11 "Physical or mental impairment" defined Sec. 11. "Physical or mental impairment" means the following: has the meaning set forth in 29 CFR 1630.2(h). Sec. 12. "Qualification standards" means the personal and professional attributes, including: has the meaning set forth in 29 CFR 1630.2(q). established by a covered entity as requirements that an individual must meet in order to be eligible for the position held or desired. 910 IAC 3-2-14 "Reasonable accommodation" defined Sec. 14. (a) "Reasonable accommodation" means modifications or adjustments: has the meaning set forth in 29 CFR 1630.2(o). (b) The term may include, but is not limited to, the following: (c) To determine the appropriate reasonable accommodation, it may be necessary for the covered entity to initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations. 910 IAC 3-2-15 "Substantially limits" defined Sec. 15. (a) "Substantially limits" means the following: has the meaning set forth in 29 CFR 1630.2(j). (b) The following factors should be considered in determining whether an individual is substantially limited in a major life activity: (c) With respect to the major life activity of working, the term means an individual is significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills, and abilities. The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working. (d) In addition to the factors listed in subsection (b), the following factors may be considered in determining whether an individual is substantially limited in the major life activity of working: 910 IAC 3-3-1 Discrimination prohibited Sec. 1. (a) This rule provides the commission's interpretation of conduct that is unlawful discrimination under IC 22-9-5. (b) The commission considers all conduct and practices deemed unlawful discrimination under 29 CFR 1630.4, and further explained within 29 CFR 1630.5 through 1630.13, to be unlawful discrimination under IC 22-9-5. (a) It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual with a disability in regard to the following: (b) As used in this section, "discrimination" includes, but is not limited to, the acts described in sections 2 through 10 of this rule. 910 IAC 3-3-11 Medical examinations and inquiries specifically permitted Sec. 11. (a) A covered entity may: The commission considers medical examinations and inquiries specifically permitted under 29 CFR 1630.14 to be likewise permitted under IC 22-9-5. (b) A covered entity may: (c) Information obtained under subsection (b) regarding the medical condition or history of the applicant shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, with the following exceptions: The results of such examination shall not be used for any purpose inconsistent with this article. (d) Medical examinations conducted in accordance with this section do not have to be job-related and consistent with business necessity. However, if certain criteria are used to screen out an employee or employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related and consistent with business necessity, and performance of the essential job functions cannot be accomplished with reasonable accommodation as required in this article. (e) A covered entity may: (f) Information obtained under subsection (e) regarding the medical condition or history of any employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, with the following exceptions: (g) Information obtained under subsection (e) regarding the medical condition or history of any employee shall not be used for any purpose inconsistent with this article. (h) A covered entity may conduct voluntary medical examinations and activities, including voluntary medical histories, that are part of an employee health program available to employees at the work site. (i) Information obtained under subsection (h) regarding the medical condition or history of any employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, with the following exceptions: (j) Information obtained under subsection (h) regarding the medical condition or history of any employee shall not be used for any purpose inconsistent with this article. 910 IAC 3-3-12 Defenses Sec. 12. Defenses to an allegation of discrimination under this section may include, but are not limited to, the following: The commission considers the defenses available under 29 CFR 1630.14 to be likewise available under IC 22-9-5. 910 IAC 3-3-16 Smoking Sec. 16. A covered entity may prohibit or impose restrictions on smoking in places of employment. Such These restrictions do not violate any provision of this article. 910 IAC 3-3-18 Health insurance; life insurance; other benefit plans Sec. 18. (a) An insurer, a hospital, or a medical service company, a health maintenance organization, or any agent or entity that administers benefit plans, or similar organizations, may underwrite risks, classify risks, or administer such risks that are based on or not inconsistent with state law. (b) A covered entity may establish, sponsor, observe, or administer the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with state law. (c) A covered entity may establish, sponsor, observe, or administer the terms of a bona fide benefit plan that is not subject to state laws that regulate insurance. (d) The activities described in this subsection are permitted unless these activities are being used as a subterfuge to evade the purposes of this article. Documents Incorporated by Reference: 29 CFR 1630.4, 29 CFR 1630.5, 29 CFR 1630.6, 29 CFR 1630.7, 29 CFR 1630.8, 29 CFR 1630.9, 29 CFR 1630.10, 29 CFR 1630.11, 29 CFR 1630.12, 29 CFR 1630.13, and 29 CFR 1630.14, all as in effect February 23, 2026 Small Business Regulatory Coordinator: Scott A. Kreider, Deputy Director and General Counsel, Civil Rights Commission, 200 North Senate Avenue, Room N300, Indianapolis, IN 46204, (317) 467-3427, sckreider@icrc.in.gov