1. State of Indiana Civil Rights Commission
EMPLOYMENT LAW

2. Applicable Laws Indiana Civil Rights Act
Title VII of the Civil Rights Act of 1964

3. Indiana an “at will” state
Indiana follows the common law doctrine which dictates that employment relationships are “at will,” rather than for a fixed term
Employers may terminate the employee at any time for any reason, or no reason at all
Exemptions include: employment discrimination, retaliation and violations of Indiana’s public policy

4. Protected Classes Race Religion Color Sex Disability National Origin
Ancestry

5. Who is covered?
Any person employing six (6) or more persons within the state
Federal coverage required fifteen (15) or more people
An employee does not include any individual employed:
By his parents, spouse or child
In the domestic service of any person

6. Exceptions
Some entities are specifically exempt from the Indiana Civil Rights Act:
A nonprofit corporation or association organized exclusively for fraternal or religious purposes
Any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution
Any exclusive social club, corporation, or association that is not organized for profit

7. Coverage Areas
The Indiana Civil Rights Act prohibits discrimination in all areas of employment including:
Hiring and firing
Compensation, assignment, or classification
Transfer, promotion, layoff or recall
Job advertisement
Recruitment
Testing
Use of company facilities
Training and apprenticeship programs
Fringe benefits
Pay, retirement plans and disability leave
Other terms and conditions of employment

8. Discriminatory Practices
Harassment on the basis of race, color, religion, sex, national origin, disability, or ancestry
Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
Employment decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a protected class
Denying employment opportunities to a person because of marriage to, or association with, an individual of a protected class

9. Discrimination Prohibited
The Act prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their membership to a protected class.

10. National Origin
It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group
A rule requiring that employees ONLY speak English
Immigration Reform and Control Act (IRCA) of 1986
Requires employers to assure that employees hired are legally authorized to work in the United States.
Does not allow employers to request employment verification from just
one national origin. It must be collected from everyone!

11. National Origin (con.) Accent discrimination
An employer may not base a decision on an employee’s foreign accent unless the accent materially interferes with job performance
English fluency
A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed
English-only rules
Must be adopted for nondiscriminatory reasons. This rule may be used if it is needed to promote the safe or efficient operation of the business
Coverage of undocumented workers
The Commission interprets the Act to prohibit discrimination against individuals employed in Indiana, regardless of citizenship

12. Retaliation
An employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination (Title VII only)

13. Religion Discrimination
Employers may not treat employees or applicants more or less favorably because of their religious beliefs—except to accommodate
Employers cannot refuse to hire people of a certain religion, impose stricter promotion requirements or different work requirements
Employees cannot be forced to participate—or not participate—in a religious activity

14. Religious Accommodation
Employers must provide reasonable accommodations to employees’ sincerely held religious practices
Unless doing so would impose an undue hardship on the employer
Accommodations can include:
Adjustment to work schedule
Reassignments and lateral transfers
Modification of grooming assignments

15. Undue Hardship
An employer is not required to accommodate an employee’s religious beliefs if doing so would impose an undue hardship on the employers’ legitimate business interests
More than ordinary administrative costs
Diminishes efficiency of other jobs/employees
Impairs workplace safety
Conflicts with another law or regulation

16. Sex Discrimination
Sexual Harassment- practices ranging from direct requests for sexual favors to workplace conditions that create a “hostile environment” for persons of either gender
Hostile environment standard also applies to harassment on the basis of race, color, religion, ancestry and disability

17. Sex Discrimination (con.)
Pregnancy Based Discrimination- Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions
Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For information about FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor

18. Race Discrimination
Equal employment opportunity cannot be denied to a person because of:
Their racial group
Perceived racial group
Racial-linked characteristics
Marriage or association with someone of a particular race
The Act prohibits discrimination regardless of whether it is directed at Whites, Blacks, Asians, Latinos, etc

19. Disability Discrimination
The Act prohibits discrimination in the basis of disability in all employment practices
An employer must have at least fifteen (15) employees to be subject to Indiana’s disability employment discrimination laws
It is necessary to understand several important definitions to know who is protected by the law and what is illegal discrimination

20. Who is disabled?
An individual with a disability under the Act is a person who:
Has a physical or mental impairment that substantially limits one or more major life activities
Has a record of such an impairment
Is regarded as having such an impairment
Major life activities include:
Walking, breathing, seeing, hearing, speaking, learning and working

21. Qualified Disabled Person
A qualified employee or applicant with a disability is someone who satisfies:
Skill
Experience
Education
Job-related requirements
Essential functions of the job with or without a reasonable accommodation

22. Duty to Accommodate Reasonable Accommodations may include:
Making facilities accessible
Job restructuring
Modification of work schedules
Additional unpaid leave time
Reassignment to a vacant position
Acquiring or modifying equipment or devices, training materials or policies
Provide qualified readers or interpreters
Disabled individuals should have the ability to enjoy the benefits and privileges of employment that are enjoyed without people with disabilities

23. Undue Hardship
An employer is required to make reasonable accommodations to a qualified person with a disability unless doing so would cause an undue burden
Significant difficulty or expense considering the business size, financial resources and the nature and structure of the operation

24. Prohibited Requirements
Before making an offer of employment an employer may not ask job applicants about:
Existence, nature or severity of a disability
However, applicants may be asked:
Their ability to perform the job functions
To have a medical examination*
*Only if examination is required for all entering employees in the same
job category and related and consistent with business necessity.

25. Drug and Alcohol Use
Employees and applicants currently engaging in illegal drugs and alcohol are not protected by the Act when an employer acts on the basis of such use
Drug tests are not considered medical examinations and therefore are not subject to the Act’s restrictions
Employers may hold individuals who are illegally using drugs and excessively using alcohol to the same standards of performance as other employees

26. Questions or Concerns?
Indiana Civil Rights Commission 100 North Senate Avenue, Room N103 Indianapolis, IN Office: (317) Toll Free: (800) Hearing Impaired: (800) Website: IC