Beginning July 1, 2011, employers doing business in Indiana may no longer require the disclosure of information regarding firearms or ammunition. The new law further prohibits employers from conditioning employment upon an agreement that the applicant or employee forego rights under the new law, or relinquish otherwise lawful rights to own, possess, store, transport or use a firearm or ammunition. The law applies to private employers, including corporations and nonprofit organizations, and public employers.
Going forward, Indiana employers may still regulate or prohibit the possession or carrying of a firearm on company property so long as the regulation or prohibition does not otherwise violate I.C. 34-28-7 (Possession of Firearms and Ammunition in Locked Vehicles), which was passed last July. If an employer violates the new law, the individual aggrieved may bring a civil suit against the employer for actual damages, court costs, attorney’s fees and, in the case of a knowing and willful violation, punitive damages. Unfortunately, there are limited exceptions to the application of this recently enacted law.
If you have concerns about how this new law impacts your hiring process, employee handbook or other questions, please contact a member of the KDDK Labor and Employment Law Team.