ILNews

Lawsuit challenges ‘guns in the workplace’ statutes

IL Staff
September 20, 2012
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A Carmel attorney has filed a lawsuit claiming a Morgan County security company has violated laws that prohibit most employers from asking whether an employee owns, possesses, uses or transports firearms and from preventing employees from having a gun locked up and out-of-sight in their vehicles.

Guy Relford filed the suit in Morgan Circuit Court Wednesday on behalf of Thomas Jordan, who worked at ADM Enforcement Inc. from April 2012 to September 2012 as an armed security guard. The suit alleges that the company required Thomas to disclose whether he owned, possessed or transported firearms that weren’t approved by ADM. It also alleges that the company adopted a policy prior to Sept. 1, 2012, that prohibited any ADM employee from possessing any firearm not approved by the company, including guns locked in an employee’s vehicle and stored out of plain sight.

Relford argues this violates Indiana Code 34-28-8-6 – which prohibits most employers from creating a policy that requires employees to disclose whether they possess, use, own or transport firearms – and 34-28-7-2, – which prohibits most employers from creating a policy preventing employees from having a gun locked in an employee’s car and out of plain sight. The laws were passed in 2011 and 2010 respectively.

Jordan allegedly told ADM that their disclosure requirements violated Indiana law. He was fired Sept. 1 for allegedly violating the company resolution that no ADM employees should have any rifle or shotguns in their cars while on duty.

Relford claims that this suit is the first challenge to these “guns in the workplace” statutes. Jordan seeks damages, payment of lost wages, and an injunction ordering ADM to refrain from any additional violations of these two statutes.

The case is Thomas Jordan v. ADM Enforcement Inc., 5502-1209-PL-1981.

 

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