CHAPTER 3. BLACKLISTING
IC 22-5-3
Chapter 3. Blacklisting
IC 22-5-3-1
Disclosure of information after employee's discharge
Sec. 1. (a) A person who, after having discharged any employee
from his service, prevents the discharged employee from obtaining
employment with any other person commits a Class C infraction and
is liable in penal damages to the discharged employee to be
recovered by civil action; but this subsection does not prohibit a
person from informing, in writing, any other person to whom the
discharged employee has applied for employment a truthful
statement of the reasons for the discharge.
(b) An employer that discloses information about a current or
former employee is immune from civil liability for the disclosure and
the consequences proximately caused by the disclosure, unless it is
proven by a preponderance of the evidence that the information
disclosed was known to be false at the time the disclosure was made.
(c) Upon written request by the prospective employee, the
prospective employer will provide copies of any written
communications from current or former employers that may affect
the employee's possibility of employment with the prospective
employer. The request must be received by the prospective employer
not later than thirty (30) days after the application for employment
is made to the prospective employer.
(Formerly: Acts 1889, c.166, s.1.) As amended by Acts 1978, P.L.2,
SEC.2227; P.L.218-1995, SEC.1.
IC 22-5-3-2
Railroads; damages; exemplary damages
Sec. 2. If any railway company or any other company, partnership,
limited liability company, or corporation in this state shall authorize,
allow or permit any of its or their agents to black-list any discharged
employees, or attempt by words or writing, or any other means
whatever, to prevent such discharged employee, or any employee
who may have voluntarily left said company's service, from obtaining
employment with any other person, or company, said company shall
be liable to such employee in such sum as will fully compensate him,
to which may be added exemplary damages.
(Formerly: Acts 1889, c.166, s.2; Acts 1895, c.110, s.1.) As amended
by P.L.8-1993, SEC.289.
IC 22-5-3-3
Protection of employees reporting violations of federal, state, or
local laws; disciplinary actions; procedures
Sec. 3. (a) An employee of a private employer that is under public
contract may report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as
defined in IC 36-1-2-13); or
(4) the misuse of public resources;
concerning the execution of public contract first to the private
employer, unless the private employer is the person whom the
employee believes is committing the violation or misuse of public
resources. In that case, the employee may report the violation or
misuse of public resources in writing to either the private employer
or to any official or agency entitled to receive a report from the state
ethics commission under IC 4-2-6-4(b)(2)(G) or IC 4-2-6-4(b)(2)(H).
If a good faith effort is not made to correct the problem within a
reasonable time, the employee may submit a written report of the
incident to any person, agency, or organization.
(b) For having made a report under subsection (a), an employee
may not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits
withheld;
(3) be transferred or reassigned;
(4) be denied a promotion that the employee otherwise would
have received; or
(5) be demoted.
(c) Notwithstanding subsections (a) through (b), an employee
must make a reasonable attempt to ascertain the correctness of any
information to be furnished and may be subject to disciplinary
actions for knowingly furnishing false information, including
suspension or dismissal, as determined by the employer. However,
any employee disciplined under this subsection is entitled to process
an appeal of the disciplinary action as a civil action in a court of
general jurisdiction.
(d) An employer who violates this section commits a Class A
infraction.
As added by P.L.32-1987, SEC.3. Amended by P.L.9-1990, SEC.14.