All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
YES, Indiana has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as either a felony or a misdemeanor, depending on the circumstances.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Indiana. In fact, Indiana is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.
YES, Indiana also has laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, despite the fact that none of these activities presents any real risk of HIV transmission.
YES, Indiana also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Indiana, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.
Any person. See Ind. Stat. § 31-19-2.
Approved in Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004) (by partner of biological parent); Adoption of M.M.G.C., 785 N.E.2d 267 (Ind. Ct. App. 2003) (by partner of adoptive parent).
No statewide anti-discrimination bill