House Endorses Rep. Smith's Tough Age Discrimination Legislation

INDIANAPOLIS - The Indiana House has passed legislation authored by State Rep. Vernon G. Smith (D-Gary) that would make age discrimination a civil rights violation, particularly when it affects individuals more than 40 years old.

House Bill 1034 would transfer jurisdiction over age discrimination proceedings from the state Department of Labor to the Indiana Civil Rights Commission. At present, officials can investigate and take action on claims of discrimination based on sex, race and religion.

Under current law, individuals who present their age discrimination cases receive a finding of fact paper that the Department of Labor issues if it agrees an individual has been discriminated against. No other action is taken by the department.

The Indiana Civil Rights Commission, on the other hand, can fully investigate discrimination claims, award back wages and institute administrative changes within the offending business.

During the bill's committee hearing, representatives from the American Association of Retired Persons (AARP) testified that many of their members in Indiana report problems with employers and are concerned about their rights under state laws.

"Right now, Indiana has one of the weakest stances on age discrimination in the Midwest region," Rep. Smith said. "Whatever form discrimination comes in, we should not allow it."

There is a provision in the bill that careers depending heavily on age, such as modeling, would not be held responsible for age discrimination.

The bill will now move over to the Indiana Senate for further consideration.