LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6015 NOTE PREPARED: Sep 15, 2020
BILL NUMBER: HB 1245 BILL AMENDED:
SUBJECT: Pregnancy and Childbirth Discrimination.
FIRST AUTHOR: Rep. Bauer M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
X FEDERAL
Summary of Legislation: The bill prohibits an employer from discriminating against a pregnant job
applicant or employee. It requires an employer to provide reasonable employment accommodations for a
pregnant employee. It also requires the Civil Rights Commission to investigate complaints and attempt to
resolve complaints.
Effective Date: July 1, 2021.
Explanation of State Expenditures: Civil Rights Commission: The bill may increase the workload of the
Civil Rights Commission depending on the number and nature of complaints and claims received by the
commission. The additional funds and resources required could be supplied through existing staff and
resources currently being used in another program or with new appropriations. Ultimately, the source of
funds and resources required to satisfy the requirements of this bill will depend on legislative and
administrative actions.
In addition to investigating and resolving complaints, the bill requires the commission to develop educational
materials and make public education efforts to inform employers, employees, employment applicants, and
job applicants. Under current law, the commission takes complaints and investigates cases of sex
discrimination in employment, which includes discrimination against women due to conditions of pregnancy
and childbirth. Federal laws also exist in this area, and charges filed with the Civil Rights Commission are
dually filed with U.S. Equal Employment Opportunity Commission when also covered by federal law. While
the Civil Rights Commission investigates similar claims under current law as would be covered under this
bill, it is possible that the focused nature of the bill and education efforts by the commission could result in
additional complaints and investigations of discrimination due to pregnancy and childbirth.
HB 1245 1
State Personnel Department (SPD) and All Agencies as Employers: The bill would create some
administrative work for SPD to change its current standardized policies for pregnant and nursing mothers.
Employers are required to make reasonable accommodations for women due to conditions of pregnancy and
childbirth. This should be able to be implemented with current resources. [This bill has the potential to
impact all agencies as employers, thus impacting all funds that provide operating funding to agency staff.]
Additional Information - Federal civil rights laws apply to employers with 15 or more employees, while
Indiana’s civil rights laws apply to employers with 6 or more employees. Under federal law (The Pregnancy
Discrimination Act of 1978, an amendment to the Civil Rights Act of 1964), an employee who is unable to
perform her job due to conditions related to pregnancy or childbirth must be treated the same as any other
temporarily disabled employee, including receiving modified tasks, light duty, and leave.
Explanation of State Revenues:
Explanation of Local Expenditures: All Units as Employers: Employers are required to make reasonable
accommodations for women due to conditions of pregnancy and childbirth.
Explanation of Local Revenues:
State Agencies Affected: Civil Rights Commission, State Personnel Department, all agencies as employers.
Local Agencies Affected: All units as employers.
Information Sources: U.S. Equal Employment Opportunity Commission, Fact Sheet on Pregnancy
Discrimination: https://www.eeoc.gov/laws/guidance/fact-sheet-pregnancy-discrimination; State Personnel
Department Standardized Policies: http://www.in.gov/spd/2396.htm.
Fiscal Analyst: Camille Tesch, 317-232-5293.
HB 1245 2


Statutes affected:
1. Introduced House Bill (H): 22-9-1-6