IC 22-4-13.3-5: Employer may not discriminate against employee because of income withholding; employee remedies

Sec. 5. (a) An employer may not use the withholding of income to collect an overpayment to the department as a basis for:

(1) refusing to hire a potential employee;

(2) discharging an employee; or

(3) taking disciplinary action against an employee.

(b) If:

(1) an employee reasonably believes that an employer took an action described in subsection (a); and

(2) the employee was adversely affected by the employer's action;

the employee may bring a suit against the employer in a court with jurisdiction.

(c) If a court determines that an employer took an action described in subsection (a), the employer may be:

(1) ordered to hire or reinstate an employee who was adversely affected by the employer's action without loss of pay or benefits; and

(2) fined an amount not to exceed one thousand dollars ($1,000).