HB 1193

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1193
  AN ACT to amend the Indiana Code concerning state and local
administration.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 22-9-1-2, AS AMENDED BY P.L.136-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) It is the public policy of the state to provide
all of its citizens equal opportunity for education, employment, access
to public conveniences and accommodations, and acquisition through
purchase or rental of real property, including but not limited to housing,
and to eliminate segregation or separation based solely on race,
religion, color, sex, disability, national origin, or ancestry, since such
segregation is an impediment to equal opportunity. Equal education
and employment opportunities and equal access to and use of public
accommodations and equal opportunity for acquisition of real property
are hereby declared to be civil rights.
    (b) The practice of denying these rights to properly qualified
persons by reason of the race, religion, color, sex, disability, national
origin, or ancestry of such person is contrary to the principles of
freedom and equality of opportunity and is a burden to the objectives
of the public policy of this state and shall be considered as
discriminatory practices. The promotion of equal opportunity without
regard to race, religion, color, sex, disability, national origin, or
ancestry through reasonable methods is the purpose of this chapter.
    (c) It is also the public policy of this state to protect employers,
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labor organizations, employment agencies, property owners, real estate
brokers, builders, and lending institutions from unfounded charges of
discrimination.
    (d) It is hereby declared to be contrary to the public policy of the
state and an unlawful practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, religion,
color, sex, disability, national origin, or ancestry.
    (e) The general assembly recognizes that on February 16, 1972,
there are institutions of learning in Indiana presently and traditionally
following the practice of limiting admission of students to males or to
females. It is further recognized that it would be unreasonable to
impose upon these institutions the expense of remodeling facilities to
accommodate students of both sexes, and that educational facilities of
similar quality and type are available in coeducational institutions for
those students desiring such facilities. It is further recognized that this
chapter is susceptible of interpretation to prevent these institutions
from continuing their traditional policies, a result not intended by the
general assembly. Therefore, the amendment effected by Acts 1972,
P.L.176, is desirable to permit the continuation of the policies
described.
    (f) It is against the public policy of the state and a discriminatory
practice for an employer to discriminate against a prospective
employee on the basis of status as a veteran by:
       (1) refusing to employ an applicant for employment on the basis
       that the applicant is a veteran of the armed forces of the United
       States; or
       (2) refusing to employ an applicant for employment on the basis
       that the applicant is a member of the Indiana National Guard or
       member of a reserve component.
    (g) It is against the public policy of the state for any person to
violate another person's rights protected by the Constitution of the
United States or the Constitution of the State of Indiana.
    (g) (h) This chapter shall be construed broadly to effectuate its
purpose.
    SECTION 2. IC 22-9-1-3, AS AMENDED BY P.L.213-2016,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. As used in this chapter:
    (a) "Person" means one (1) or more individuals, partnerships,
associations, organizations, limited liability companies, corporations,
labor organizations, cooperatives, legal representatives, trustees,
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trustees in bankruptcy, receivers, and other organized groups of
persons.
    (b) "Commission" means the civil rights commission created under
section 4 of this chapter.
    (c) "Director" means the director of the civil rights commission.
    (d) "Deputy director" means the deputy director of the civil rights
commission.
    (e) "Commission attorney" means the deputy attorney general, such
assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
    (f) "Consent agreement" means a formal agreement entered into in
lieu of adjudication.
    (g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil rights
law.
    (h) "Employer" means the state or any political or civil subdivision
thereof and any person employing six (6) or more persons within the
state, except that the term "employer" does not include:
       (1) any nonprofit corporation or association organized exclusively
       for fraternal or religious purposes;
       (2) any school, educational, or charitable religious institution
       owned or conducted by or affiliated with a church or religious
       institution; or
       (3) any exclusively social club, corporation, or association that is
       not organized for profit.
    (i) "Employee" means any person employed by another for wages or
salary. However, the term does not include any individual employed:
       (1) by the individual's parents, spouse, or child; or
       (2) in the domestic service of any person.
    (j) "Labor organization" means any organization that exists for the
purpose in whole or in part of collective bargaining or of dealing with
employers concerning grievances, terms, or conditions of employment
or for other mutual aid or protection in relation to employment.
    (k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
    (l) "Discriminatory practice" means:
       (1) the exclusion of a person from equal opportunities because of
       race, religion, color, sex, disability, national origin, ancestry, or
       status as a veteran;
       (2) a system that excludes persons from equal opportunities
       because of race, religion, color, sex, disability, national origin,
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      ancestry, or status as a veteran;
      (3) the promotion of racial segregation or separation in any
      manner, including but not limited to the inducing of or the
      attempting to induce for profit any person to sell or rent any
      dwelling by representations regarding the entry or prospective
      entry in the neighborhood of a person or persons of a particular
      race, religion, color, sex, disability, national origin, or ancestry;
      (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
      committed by a covered entity (as defined in IC 22-9-5-4);
      (5) the performance of an abortion solely because of the race,
      color, sex, disability, national origin, or ancestry of the fetus; or
      (6) a violation of any of the following statutes protecting the right
      of conscience regarding abortion:
          (A) IC 16-34-1-4.
          (B) IC 16-34-1-5.
          (C) IC 16-34-1-6;
      (7) a violation of a person's rights protected under:
          (A) Title VI of the federal Civil Rights Act of 1964, as
          amended (42 U.S.C. 2000e et seq.);
          (B) Title VII of the federal Civil Rights Act of 1964, as
          amended (42 U.S.C. 2000e et seq.); or
          (C) Title IX of the Education Amendments of 1972 (20
          U.S.C. 1681 et seq.); or
      (8) an adverse action against a person because the person has
      taken action to protect a right enjoyed by:
          (A) the person; or
          (B) another person;
      under this article. As used in this subdivision, "taken action"
      includes submitting or filing a charge or complaint with a
      private or governmental entity or participating in any
      proceeding related to a complaint of a discriminatory practice
      described under this subsection.
Every discriminatory practice relating to the acquisition or sale of real
estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301.5) shall be
considered unlawful unless it is specifically exempted by this chapter.
   (m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
   (n) "Complainant" means:
      (1) any individual charging on the individual's own behalf to have
      been personally aggrieved by a discriminatory practice; or
      (2) the director or deputy director of the commission charging that
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     a discriminatory practice was committed against a person (other
     than the director or deputy director) or a class of people, in order
     to vindicate the public policy of the state (as defined in section 2
     of this chapter).
   (o) "Complaint" means any written grievance that is:
     (1) sufficiently complete and filed by a complainant with the
     commission; or
     (2) filed by a complainant as a civil action in the circuit or
     superior court having jurisdiction in the county in which the
     alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed and verified by the complainant.
   (p) "Sufficiently complete" refers to a complaint that includes:
     (1) the full name and address of the complainant;
     (2) the name and address of the respondent against whom the
     complaint is made;
     (3) the alleged discriminatory practice and a statement of
     particulars thereof;
     (4) the date or dates and places of the alleged discriminatory
     practice and if the alleged discriminatory practice is of a
     continuing nature the dates between which continuing acts of
     discrimination are alleged to have occurred; and
     (5) a statement as to any other action, civil or criminal, instituted
     in any other form based upon the same grievance alleged in the
     complaint, together with a statement as to the status or disposition
     of the other action.
No complaint shall be valid unless filed within one hundred eighty
(180) days from the date of the occurrence of the alleged
discriminatory practice.
   (q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public accommodations,
and housing. However:
     (1) it shall not be a discriminatory practice to maintain separate
     restrooms;
     (2) it shall not be an unlawful employment practice for an
     employer to hire and employ employees, for an employment
     agency to classify or refer for employment any individual, for a
     labor organization to classify its membership or to classify or refer
     for employment any individual, or for an employer, labor
     organization, or joint labor management committee controlling
     apprenticeship or other training or retraining programs to admit
     or employ any other individual in any program on the basis of sex
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      in those certain instances where sex is a bona fide occupational
      qualification reasonably necessary to the normal operation of that
      particular business or enterprise; and
      (3) it shall not be a discriminatory practice for a private or
      religious educational institution to continue to maintain and
      enforce a policy of admitting students of one (1) sex only.
    (r) "Disabled" or "disability" means the physical or mental condition
of a person that constitutes a substantial disability. In reference to
employment under this chapter, "disabled or disability" also means the
physical or mental condition of a person that constitutes a substantial
disability unrelated to the person's ability to engage in a particular
occupation.
    (s) "Veteran" means:
      (1) a veteran of the armed forces of the United States;
      (2) a member of the Indiana National Guard; or
      (3) a member of a reserve component.
    SECTION 3. IC 22-9-1-6, AS AMENDED BY P.L.205-2019,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The commission shall establish and
maintain a permanent office in the city of Indianapolis.
    (b) Except as it concerns judicial review, the commission may adopt
rules under IC 4-22-2 to implement this chapter.
    (c) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions, authorities,
boards, bureaus, agencies, and officers of the state or any political
subdivision or agency thereof shall furnish the commission, upon its
request, all records, papers, and information in their possession relating
to any matter before the commission.
    (d) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of complaints
shall be conducted by staff members of the civil rights commission or
their agents.
    (e) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating the
purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
      (1) study the problems of discrimination in the areas covered by
      section 2 of this chapter when based on race, religion, color, sex,
      handicap, national origin, or ancestry; and
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       (2) foster through community effort, or otherwise, good will
       among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in general.
Advisory agencies and conciliation councils created by the commission
shall be composed of representative citizens serving without pay, but
with reimbursement for reasonable and necessary actual expenses.
    (f) The commission may issue such publications and such results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because of race,
religion, color, sex, handicap, national origin, or ancestry.
    (g) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating or retaliating against any other
person because the person filed a complaint, testified in any hearing
before this commission, or in any way assisted the commission in any
matter under its investigation.
    (h) The commission may hold hearings, subpoena witnesses, compel
their attendance, administer oaths, take the testimony of any person
under oath, and require the production for examination of any books
and papers relating to any matter under investigation or in question
before the commission. The commission may make rules as to the
issuance of subpoenas by individual commissioners. Contumacy or
refusal to obey a subpoena issued under this section shall constitute a
contempt. All hearings shall be held within Indiana at a location
determined by the commission. A citation of contempt may be issued
upon application by the commission to the circuit or superior court in
the county in which the hearing is held or in which the witness resides
or transacts business.
    (i) The commission may:
       (1) before July 1, 2020, appoint administrative law judges other
       than commissioners; and
       (2) after June 30, 2020, request assignment of an administrative
       law judge (as defined in IC 4-21.5-1-2);
when an appointment is deemed necessary by a majority of the
commission. The administrative law judges shall be members in good
standing before the bar of Indiana and shall be appointed by the
chairman of the commission. An administrative law judge appointed
under this subsection shall have has the same powers and duties as a
commissioner sitting as an administrative law judge. However, the
administrative law judge may not issue subpoenas.
    (j) The commission shall state its findings of fact after a hearing
and, if the commission finds a person has engaged in an unlawful
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discriminatory practice, shall cause to be served on this person an order
requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative action as will effectuate the purposes of this chapter,
including but not limited to the power:
       (1) to restore the complainant's losses incurred as a result of
       discriminatory treatment, as the commission may deem necessary
       to assure justice; however, except in discriminatory practices
       involving veterans, this specific provision when applied to orders
       pertaining to employment shall include only wages, salary, or
       commissions;
       (2) to require the posting of notice setting forth the public policy
       of Indiana concerning civil rights and the respondent's compliance
       with the policy in places of public accommodations;
       (3) to require proof of compliance to be filed by the respondent at
       periodic intervals; and
       (4) to require a person who has been found to be in violation of
       this chapter and who is licensed by a state agency authorized to
       grant a license to show cause to the licensing agency why the
       person's license should not be revoked or suspended.
When an employer has been found to have committed a discriminatory
practice in employment by failing to employ an applicant on the basis
that the applicant is a veteran, the order to restore the veteran's losses
may include placing the veteran in the employment position with the
employer for which the veteran applied.
    (k) Judicial review of a cease and desist order or other affirmative
action as referred to in this chapter may be obtained under IC 22-9-8.
If no proceeding to obtain judicial review is instituted within thirty (30)
days from receipt of notice by a person that an order has been made by
the commission, the commission, if it determines that the person upon
whom the cease and desist order has been served is not complying or
is making no effort to comply, may obtain a decree of a court for the
enforcement of the order in circuit or superior court upon showing that
the person is subject to the commission's jurisdiction and resides or
transacts business within the county in which the petition for
enforcement is brought.
    (l) If, upon all the evidence, the commission shall find that a person
has not engaged in any unlawful practice or violation of this chapter,
the commission shall state its findings of facts and shall issue and
cause to be served on the complainant an order dismissing the
complaint as to the person.
    (m) The commission may furnish technical assistance requested by
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persons subject to this chapter to further compliance with this chapter
or with an order issued under this chapter.
   (n) The commission shall promote the creation of local civil rights
agencies to cooperate with individuals, neighborhood associations, and
state, local, and other agencies, both public and private, including
agencies of the federal government and of other states.
   (o) The commission may reduce the terms of conciliation agreed to
by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and desist
order issued under subsection (j). If the commission determines that a
party to the consent agreement is not complying with it, the
commission may obtain enforcement of the consent agreement in a
circuit or superior court upon showing that the party is not complying
with the consent agreement and the party is subject to the commission's
jurisdiction and resides or transacts business within the county in
which the petition for enforcement is brought.
   (p) In lieu of investigating a complaint and holding a hearing under
this section, the commission may issue an order based on findings and
determinations by the federal Department of Housing and Urban
Development or the federal Equal Employment Opportunity
Commission concerning a complaint that has been filed with one (1) of
these federal agencies and with the commission. The commission shall
adopt by rule standards under which the commission may issue such an
order.
   (q) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation of
the complaint and may not conduct hearings or issue findings of fact or
orders concerning that complaint.
   (r) If the commission receives a complaint that another state or
federal agency has jurisdiction to investigate, the commission:
      (1) shall transmit the complaint and all supporting
      documentation to the state or federal agency that has
      jurisdiction to investigate the complaint; and
      (2) may, after consulting with the state or federal agency,
      enter into a memorandum of understanding with the state or
      federal agency that grants the commission enforcement
      jurisdiction over the complaint.
This section does not limit the authority granted by law to any
other state agency to investigate or enforce a matter within the
other state agency's jurisdiction that could be the subject of a
complaint under this article.
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    SECTION 4. IC 22-9-1-17, AS AMENDED BY P.L.100-2012,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) If a timely election is made under section
16 of this chapter, the complainant may file a civil action in a circuit or
superior court having jurisdiction in the county in which a
discriminatory practice allegedly occurred.
    (b) If the court finds that a discriminatory practice has occurred the
court may grant the relief allowed under IC 22-9-1-6(j). section 6(j) of
this chapter.
    (c) A civil action filed under this section must be tried by the court
without benefit of a jury.
    (d) The commission may not represent the plaintiff in a civil
action filed under this section.
    SECTION 5. IC 22-9.5-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. (a) If the commission
concludes at any time following the filing of a complaint that prompt
judicial action is necessary to carry out the purposes of this article, the
commission may file a civil action for appropriate temporary or
preliminary relief pending final disposition of the complaint in a circuit
or superior court that is located in the county in which the alleged
discriminatory housing practice occurred.
    (b) A temporary restraining order or other order granting
preliminary or temporary relief under this section is governed by the
Indiana Rules of Trial Procedure.
    (c) The filing of a civil action under this section does not affect the
initiation or continuation of administrative proceedings under section
14 of this chapter.
    (d) The commission may not represent a private individual in an
action filed under this section.
    SECTION 6. IC 22-9.5-6-13, AS AMENDED BY P.L.11-2023,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) If a timely election is made under section
12 of this chapter, the commission complainant shall, not later than
thirty (30) days after the election is made, file a civil action on behalf
of the aggrieved person seeking relief under this section in a circuit or
superior court that is located in the county in which the alleged
discriminatory housing practice occurred.
    (b) An aggrieved person may intervene in the action.
    (c) If the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may grant as relief any relief
that a court may grant in a civil action under IC 22-9.5-7.
    (d) If monetary relief is sought for the benefit of an aggrieved
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person who does not intervene in the civil action, the court may not
award the monetary relief if that aggrieved person has not complied
with discovery orders entered by the court.
    SECTION 7. IC 22-9.5-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) An aggrieved
person may file a civil action in the circuit or superior court located in
the county in which the alleged discriminatory practice occurred not
later than one (1) year after the occurrence of the termination of an
alleged discriminatory housing practice or the breach of a conciliation
agreement entered into under this article, whichever occurs last, to
obtain appropriate relief with respect to the discriminatory housing
practice or breach.
    (b) The one (1) year period does not include any time during which
an administrative hearing under this article is pending with respect to
a complaint or finding of reasonable cause under this article based on
the discriminatory housing practice. This subsection does not apply to
actions arising from a breach of a conciliation agreement.
    (c) An aggrieved person may file an action under this section
whether or not a complaint has been filed under IC 22-9.5-6 and
without regard to the status of any complaint filed under IC 22-9.5-6.
    (d) If the commission has obtained a conciliation agreement with the
consent of an aggrieved person, the aggrieved person may not file an
action under this section with respect to the alleged discriminatory
housing practice that forms the basis for the complaint except to
enforce the terms of the agreement.
    (e) An aggrieved person may not file an action under this section
with respect to an alleged discriminatory housing practice that forms
the basis of a finding of reasonable cause issued by the commission if
the commission has begun a hearing on the record under this article
with respect to the finding of reasonable cause.
    (f) The commission may not represent the aggrieved person in
a civil action filed under this section.
    SECTION 8. IC 22-9.5-8.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The commission
may file a civil action for appropriate relief if the commission has
reasonable cause to believe that:
      (1) a person is engaged in a pattern or practice of resistance to the
      full enjoyment of any right granted by this article; or
      (2) a person has been denied any right granted by this article and
      that denial raises an issue of general public importance.
An action under this section may be filed in a circuit or superior court
located in the county in which the alleged pattern, practice, or denial
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occurred.
    (b) The commission may only represent the state in a civil action
filed under this section.
    SECTION 9. IC 22-9.5-8.1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. In an action filed
under section 1 of this chapter, the court may do the following:
      (1) Award preventive relief, including a permanent or temporary
      injunction, restraining order, or other order against the person
      responsible for a violation of this article as necessary to assure the
      full enjoyment of the rights granted by this article.
      (2) Award other appropriate relief, including monetary damages,
      reasonable attorney's fees and court costs.
      (3) To vindicate the public interest, assess a civil penalty against
      the respondent in an amount that does not exceed the following:
          (A) Fifty thousand dollars ($50,000) for a first violation.
          (B) One hundred thousand dollars ($100,000) for a second or
          subsequent violation.
    SECTION 10. IC 22-9.5-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) A court in a civil
action brought under this article or the commission in an administrative
hearing under IC 22-9.5-6-14 may award reasonable attorney's fees to
the prevailing party and assess court costs against the nonprevailing
party.
    (b) IC 4-21.5-3-27.5(b) and IC 4-21.5-3-27.5(c) (attorney's fee
awards in judicial review cases) do not apply to a civil action
brought in a trial court.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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