Indiana § 16-32-3-5 - Public employment; terms and conditions

§ 16-32-3-5. Public employment; terms and conditions

Sec. 5. It is the policy of this state that individuals who are blind, individuals with a visual disability, and other individuals with a physical or mental disability shall be employed in:

(1) the state service;

(2) the service of the political subdivisions of the state;

(3) the public schools; and

(4) all other employment supported in whole or in part by public funds;

on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

[Pre-1993 Recodification Citation: 16-7-5-6.]

As added by P.L.2-1993, SEC.15. Amended by P.L.23-1993, SEC.66; P.L.99-2007, SEC.158; P.L.155-2009, SEC.5.

IC 16-32-3.5Chapter 3.5. Service Animals

16-32-3.5-1Individual with a disability 16-32-3.5-2Public accommodation 16-32-3.5-3Service animal 16-32-3.5-4Service animal modification 16-32-3.5-5Removal of service animal from a premises 16-32-3.5-6Opportunity to obtain goods, services, and accommodations 16-32-3.5-7Service animal conduct 16-32-3.5-8Care or supervision of service animal 16-32-3.5-9Proof of disability 16-32-3.5-10Public accommodation and service animals 16-32-3.5-11Prohibition on service animal fees or other requirements

IC 16-32-3.5-1Individual with a disability Sec. 1. As used in this chapter, "individual with a disability" has the meaning set forth in IC 16-32-2-1(a).

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-2Public accommodation Sec. 2. As used in this chapter, "public accommodation" has the meaning set forth in IC 16-32-3-2(a).

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-3Service animal Sec. 3. As used in this chapter, "service animal" has the meaning set forth in IC 16-32-3-1.5.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-4Service animal modification Sec. 4. A public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-5Removal of service animal from a premises Sec. 5. (a) A public accommodation may ask an individual with a disability to remove a service animal from the premises if:

(1) the animal is out of control and the animal's handler does not take effective action to control it; or

(2) the animal is not housebroken.

(b) A public accommodation may charge the handler for damage caused by the service animal if a public accommodation normally charges an individual for damage the individual causes.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-6Opportunity to obtain goods, services, and accommodations Sec. 6. If a public accommodation properly excludes a service animal under section 5 of this chapter, it shall give the person with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-7Service animal conduct Sec. 7. (a) A service animal shall be under the control of its handler at all times while on the premises of a public accommodation.

(b) A service animal shall have a harness, leash, or other tether, unless the:

(1) handler is unable because of a disability to use a harness, leash, or other tether; or

(2) use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks;

in which case the service animal must be under the handler's control by other effective means, such as the use of voice control or signals.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-8Care or supervision of service animal Sec. 8. A public accommodation is not responsible for the care or supervision of a service animal.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-9Proof of disability Sec. 9. (a) A public accommodation shall not ask about the nature or extent of an individual's disability, but may make the following two (2) inquiries to determine whether an animal qualifies as a service animal:

(1) Whether the animal is required because of a disability.

(2) What work or task the animal has been trained to perform.

(b) A public accommodation shall not require documentation, such as proof that the animal has been:

(1) certified;

(2) trained; or

(3) licensed;

as a service animal.

(c) A public accommodation may not make inquiries about a service animal's qualifications when it is readily apparent that the animal is trained to do work or perform tasks for an individual with a disability.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-10Public accommodation and service animals Sec. 10. An individual with a disability is permitted to be accompanied by a service animal in all areas of a place of public accommodation where:

(1) members of the public;

(2) program participants;

(3) clients;

(4) customers;

(5) patrons; or

(6) invitees;

are allowed to go.

As added by P.L.230-2023, SEC.7.

IC 16-32-3.5-11Prohibition on service animal fees or other requirements Sec. 11. A public accommodation shall not ask or require an individual with a disability accompanied by a service animal to:

(1) pay a fee for access to the public accommodation as described in IC 16-32-3-2; or

(2) comply with other requirements not applicable to a person without a service animal.

As added by P.L.230-2023, SEC.7.

IC 16-32-4Chapter 4. Developmental Disability Bracelet and Identification Card

16-32-4-1"Autism spectrum disorder" 16-32-4-2"Developmental disability" 16-32-4-3Request for bracelet or identification card; presentation to law enforcement officer; rules 16-32-4-4Fees; rules 16-32-4-5Confidential information; release of information prohibited; court orders; liberal construction of section