Salary Transparency Laws in Indiana: What Employers Must Disclose

The federal Pay Transparency Rule, enforced by the EEOC under 29 CFR § 1602.14, requires employers with 100 or more employees to disclose salary ranges in all job postings, including internal promotions and transfers. This applies to positions in the United States, including remote positions if any job duties are performed in the U.S.

The rule covers the minimum and maximum salary or hourly wage the employer is willing to pay. Employers must also provide wage or salary information upon request to current employees, applicants, and independent contractors. The rule applies to all types of employers subject to EEOC jurisdiction, including federal contractors and non-contractors.

Under the National Labor Relations Act, 29 U.S.C. § 157, all workers have the federally protected right to discuss wages, benefits, and working conditions with coworkers. This protection applies even if there is no union, applies to non-union private sector employees, and applies regardless of employer size. Employers cannot prohibit wage discussions, retaliate against employees for discussing wages, or require employees to keep wages confidential.

The EEOC enforces these rules through the Equal Employment Opportunity Commission. Violations can result in civil penalties and damage awards to affected employees. The rule became effective January 1, 2023.

Indiana does not have a dedicated state salary transparency or wage disclosure statute beyond what is required federally. The state relies on federal law, particularly the Pay Transparency Rule and the National Labor Relations Act, to regulate salary disclosure and wage discussions.

Indiana Code § 22-2-27-1 prohibits wage discrimination based on protected characteristics such as race, color, religion, sex, national origin, disability, or age. However, this statute addresses pay equity and discrimination rather than disclosure requirements. The statute covers all employers with one or more employees, making it broader in applicability than the federal 100-employee threshold for the Pay Transparency Rule.

Because Indiana has no state-specific salary transparency mandate, employers with fewer than 100 employees in Indiana are not required to post salary ranges in job postings under state law. However, they remain bound by the National Labor Relations Act protections, which means employees may still discuss wages without fear of retaliation, and employers cannot enforce wage confidentiality policies.

Indiana's approach is notably weaker than states like California, New York, and Colorado, which have enacted their own salary range disclosure laws that apply to smaller employer groups. Indiana employers are only required to disclose salary information to the extent required by federal law. There are no unique state-specific protections or categories beyond federal requirements. Remedies for violations would be pursued through federal agencies (EEOC) rather than state enforcement.

The Pay Transparency Rule applies only to employers with 100 or more employees, creating a significant carve-out for small and medium-sized Indiana businesses. Employers with 99 or fewer employees have no federal obligation to post salary ranges in job postings, though they remain bound by wage discrimination laws and the right of employees to discuss compensation.

Executive, administrative, and professional employees (EAP exemptions) are still covered by the Pay Transparency Rule; the salary range disclosure requirement does not exclude any category of employee. However, employers may have defensible reasons for variations in pay based on legitimate factors such as experience, education, performance, or location, which do not trigger pay transparency obligations but may be raised as a defense in pay discrimination claims.

The National Labor Relations Act's wage discussion protection has a limited exception for supervisors and managers in some contexts, though the rule is broadly protective of non-management employees. Employers cannot require employees to sign confidentiality agreements that restrict wage discussions as a condition of employment or continued employment.

At-will employment is the default rule in Indiana, but it does not override wage discussion protections or salary transparency requirements. An employer cannot fire an employee for discussing wages or for requesting salary range information in states or circumstances where such disclosure is required. Retaliation for engaging in protected wage discussions is illegal and may expose the employer to NLRA remedies and potential state wrongful termination claims.

Employers may decline to disclose historical salary or wage information about other employees, but they must provide their own salary ranges for positions as required by federal law if applicable. Collective bargaining agreements may contain more specific wage transparency provisions that supersede baseline legal requirements.

**Step 1: Document Everything.** Keep detailed records of any job postings your employer published, noting whether salary ranges were included or omitted. Save screenshots of online postings and any written job descriptions. If you requested a salary range from your employer and were denied, document the date, method of request, and the employer's response in writing. Retain any wage-related documents: offer letters, pay stubs, paychecks, and email correspondence about compensation. Note dates when you discussed wages with coworkers to establish a timeline.

**Step 2: Attempt Internal Resolution (Optional but Recommended).** Send a written request to your HR department asking for the salary range for your position or a posted position you applied for. Keep a copy of this request and any response. If the employer refuses to provide the salary range and they have 100+ employees, this refusal may violate the Pay Transparency Rule. Document this interaction. If you were retaliated against for discussing wages with coworkers or for requesting salary information, report it to your manager or HR in writing. Request a written response.

**Step 3: File a Charge with the EEOC.** The EEOC enforces the Pay Transparency Rule. File a Charge of Discrimination online at www.eeoc.gov or visit the Indianapolis Area EEOC Office at 101 W Ohio Street, Indianapolis, IN 46204, or call (317) 226-7212. You must file within 180 days of the violation (or 300 days if state law extends it; Indiana extends EEOC filing to 300 days under worksharing agreements). Provide your name, contact information, employer name and address, description of the violation (e.g., "Employer has 150+ employees but failed to post salary ranges for positions I applied for"), and dates. Include evidence: screenshots of job postings without ranges, the job posting date, your application date, and any correspondence with the employer.

**Step 4: EEOC Investigation Process.** After filing, the EEOC will contact your employer with a copy of your charge and request a written response (usually 30 days). The EEOC may request additional documents from both you and the employer. This investigation typically takes 2 to 6 months. You may be contacted for an interview. The EEOC will determine whether there is reasonable cause to believe a violation occurred. If reasonable cause is found, the EEOC will attempt to mediate between you and the employer. If mediation fails, the EEOC may issue a right-to-sue letter, allowing you to file a private lawsuit in federal court.

**Step 5: Consult an Employment Attorney.** Contact an employment lawyer specializing in wage and hour or discrimination law in Indiana if the EEOC issues a right-to-sue letter or if you want to file a private lawsuit. An attorney can assess damages (back pay, liquidated damages, and attorney's fees). Many employment attorneys work on contingency, meaning no upfront cost. If you believe you were retaliated against for discussing wages (a National Labor Relations Act violation), consider filing an unfair labor practice charge with the National Labor Relations Board (NLRB) at www.nlrb.gov.