April 18, 2011
EMPLOYER ALERT:
Employers Prohibited From Asking About Guns at Work
In July 2010, Indiana's version of "take your gun to work" became law. That law made it illegal for employers in Indiana to adopt any policy or rule that prohibits employees (or contractors) from having firearms in their locked vehicles while the vehicle is on company property.
Many employers reacted to the new law by revising their policies and rules to require employees to disclose whether they had guns in their vehicles. Some employers also adopted new parking procedures to require employees who had guns in their vehicles to park in separate parking areas. Those changes to employer policies and rules will have to change again.
On April 18, 2011, Governor Mitch Daniels signed a new law to take effect July 1, 2011 that prohibits
Indiana employers from asking applicants for employment or current workers whether they have guns or ammunition in their cars. Because employers may not make such inquiries, the new law would also prohibit employers from requiring employees to park in separate areas because they have guns or ammunition in their vehicles. Like the original "take your gun to work" law, these changes to the law passed by wide margins in both houses of the Indiana General Assembly.
With these latest changes to the "take your gun to work" law, Indiana employers must again closely review their recently updated workplace violence policies and gun restriction rules. If you have questions, please contact Paul Sinclair or another member of Ice Miller LLP's
Labor and Employment Group. | 