Filing a Discrimination Claim - Indiana

1. What kinds of discrimination are against state law in Indiana?

Indiana law makes it illegal for an employer to discriminate on the basis of race, religion, color, sex, disability, national origin and ancestry. While discrimination on the basis of age is also illegal, Indiana law does not permit a court action to be taken to remedy this discrimination.

Indiana law also provides broader protection for disabled employees than the similar federal statute, the Americans with Disabilities Act, because it does not require that the employee have a substantial limitation of a major life activity. More information on disability discrimination is available here.

2. How do I file a discrimination claim in Indiana?

In Indiana, it is possible to file a discrimination claim either with the state administrative agency, the Indiana Civil Rights Commission (ICRC), or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a work-sharing agreement, which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to cross-file the claim with the other agency.

The Indiana anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 6 and 14 employees, you should file with the ICRC, as the EEOC enforces federal law, which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency; however, some attorneys recommend that you file with the EEOC first.

To file a claim with the ICRC, contact its office below. More information about filing a claim with the ICRC can be found at http://www.in.gov/icrc/.

State of Indiana Civil Rights Commission
Indiana Government Center North
100 N. Senate Ave., Room 103
Indianapolis, IN 46204-2211
Phone: (317) 232-2600
Toll-free phone (complaints only) (800) 628-2909
TDD: (317) 743-3333
Fax: (317) 232-6580

To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.

EEOC's Indianapolis District Office
101 W. Ohio Street, Suite 1900
Indianapolis, IN 46204-4203
Phone: (317) 226-7212
TTY: (317) 226-5162

3. What are my time deadlines?

Do not delay in contacting the ICRC or EEOC to file a claim. There are strict time limits in which charges of employment discrimination must be filed. To preserve your claim under state law, you must file with the ICRC (or cross-file with the EEOC) within 180 days of the date you believe you were discriminated against, unless your claim is for age discrimination, which must be filed within 180 days with the EEOC. To preserve your claim under federal law, you must file with the EEOC (or cross-file with the state agency) within 300 days of the date you believe you were discriminated against. However, as you might have other legal claims with shorter deadlines, do not wait until your time limit is close to expiring to file your claim. You may wish to consult with an attorney prior to filing your claim, if possible. But if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the state and federal administrative agencies.

You may also wish to check to see if you live and/or work in a city or county with a local anti-discrimination law or ordinance. Some cities and counties in Indiana have agencies that process claims under local ordinances and may be able to assist you. These agencies are often called the Human Rights Commission, Human Relations Commission, or the Civil Rights Commission. Check your local telephone directory or government website for further information.

4. How can I or my attorney pursue a claim in court in Indiana?

If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit (to resolve your case, you probably will be required as to sign a release of your legal claims). If your case is not resolved by the ICRC or EEOC and you may want to continue to pursue the matter, you may need to file a claim in court. A federal employment discrimination case cannot be filed in court without first going to the EEOC, as detailed above, and having the EEOC dismiss your case. This process is called exhaustion of your administrative remedy. Similarly, before you can proceed with a lawsuit based on your state discrimination claim, you must file first with the ICRC.

Because Indiana's state antidiscrimination statute does not permit the compensatory (emotional pain and suffering) and punitive damages (damages which punish the employer) allowed under federal law, many Indiana attorneys choose to file employment discrimination cases in federal court using federal law. You may file employment discrimination cases using federal law in state or federal court.

Once the EEOC issues the document known as Dismissal and Notice of Rights or Notice of Right to Sue (Form 161), only then can you file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. (Be sure to mark down that date when you receive the notice.) A lawsuit based on your state claim must be filed within 90 days of receiving a similar notice from the ICRC. These deadlines are called the statute of limitations. If you have received one of these agency dismissal notices, do not delay consulting with an attorney. If your lawsuit is not filed by the deadline, then you may lose your ability to pursue a discrimination case.