Workplace Discrimination in Indiana
Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced Indiana workplace discrimination attorney can help. Find out how.
What Is Workplace Discrimination?
Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.
Indiana Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.
Here are some of the most common types of discrimination that occur in the Indianawork environment:
- Choosing not to hire someone because of their disability
- Choosing not to promote someone because of their race
- Excluding someone from a project because management says they’re too old
- Making misogynistic comments about women
- Deliberately paying men more than women because the boss values their work more
Should You File a Complaint With the HR Department or the EEOC?
Most Indiana companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.
Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.
The EEOC has very tight deadlines for filing discrimination complaints. Employees must file federal claims within 180 days of the discriminatory act. However, if state laws also prohibit the action, you may have up to 300 days to file. The Indianapolis District Office will handle your claim. The EEOC usually tries to settle or mediate cases, but can also investigate when necessary.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, Indiana employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.
Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination.
Indiana’s employment discrimination laws apply to most employers in the state. However, there are some exceptions. For example, the laws do not cover religious or fraternal nonprofit organizations. In addition, some private schools and social clubs are also exempt.
Title VII of the Civil Rights Act of 1964
This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.
Indiana Civil Rights laws provide protections for some employees who may not be covered under federal laws. Most of these state law provisions apply to employers with at least 6 employees, rather than the federal threshold of 15. In addition, Indiana age discrimination laws apply to all employers, regardless of size. The statutes establish a Civil Rights Commission to enforce state discrimination laws.
2025 Executive Orders
On January 21, 2025, President Donald Trump signed an executive order that redefined workplace discrimination policies, particularly for businesses with federal contracts. This action repealed Executive Order 11246, which had been in effect since 1965 when President Lyndon B. Johnson established it to prevent federal contractors from making employment decisions based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
While this change directly affects federal contractors, it could also influence private employers, including those in Indiana. Businesses in the state that depend on federal contracts may reconsider their approach to DEI initiatives in response to the removal of federal mandates. Without these requirements, some Indiana employers might reduce or eliminate diversity-focused programs.
Despite these shifts at the federal level, legal protections against workplace discrimination remain in place. Title VII of the Civil Rights Act of 1964 continues to prohibit employment discrimination nationwide, and Indiana workers still have legal avenues to pursue claims if they experience unfair treatment on the job.
Other Notable Applicable Federal Discrimination Laws
- Equal Pay Act (EPA) – Deals with equal pay act for men and women
- Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
- Americans with Disabilities Act – Protects employees with physical disabilities
Examples of State Workplace Discrimination Laws
- Indiana: discrimination laws include protections for veteran status, off-duty tobacco use, and sealed or expunged arrest records.
- California: The CROWN Act – Bans employers from discriminating against ethnic hair.
- New York: Human Rights Law – Prohibits discrimination. It includes protections for ethnic hair, sexual orientation, and gender identity as protected characteristics
- Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against people with disabilities who rely on service animals
What Is the Workplace Discrimination Process Like?
Filing a claim for workplace discrimination in Indiana can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics of the case under protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.
Filing a Claim
When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.
Indiana Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.
Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.
Investigating the Claim
The investigation process may involve interviewing the employee who filed the complaint, their employer, coworkers, and any other individuals with relevant knowledge. This step helps the agency determine whether the claim of discrimination is valid. If the agency finds sufficient evidence, the next phase often involves mediation or settlement discussions, as both parties are usually incentivized to avoid further legal proceedings.
If mediation fails or a settlement cannot be reached, filing a lawsuit in the appropriate court may become necessary. In such cases, the agency can issue a “Right to Sue” letter, empowering the employee to pursue legal action independently with the help of an attorney.
Once the Indiana Civil Rights Commission issues a final order, there is no administrative appeal process. However, within 30 days of the order, you can initiate an appeal in Indiana Appellate Court. Alternatively, Indiana does permit discrimination lawsuits without exhausting administrative remedies. However, these rarely happen, as Indiana code requires both parties to consent to a trial.
Work With an Experienced Workplace Discrimination Lawyer in Indiana
Consider hiring a lawyer who specializes in discrimination in Indiana as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.
If you are considering a lawsuit, an attorney becomes even more necessary. Indiana discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.
If the court rules in your favor, you might become entitled to several different compensatory benefits:
- Back pay
- Promotion
- Reinstatement
- Front pay
- Reasonable accommodations
- Payment of attorney’s fees, court costs, and expert witness fees
Are you ready to find out if you are eligible for these benefits in Indiana? Start with a case review. We can even help you connect with an attorney across Indiana state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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