What are my rights against workplace harassment in Indiana?
1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), set the federal floor.
2. State Statute & Agency. The Indiana Civil Rights Law (ICRL), Ind. Code § 22-9-1 et seq., is enforced by the Indiana Civil Rights Commission (ICRC). The ICRL covers employers with 6 or more employees (Ind. Code § 22-9-1-3(h)).
3. Standard for Hostile Work Environment. Indiana applies the federal "severe or pervasive" standard from Harris v. Forklift Systems, 510 U.S. 17 (1993).
4. Protected Categories. Race, religion, color, sex, disability, national origin, ancestry, and age (between 40 and 75, under the Indiana Age Discrimination Act, Ind. Code § 22-9-2). Indiana does not protect sexual orientation or gender identity statewide; federal protection via Bostock.
5. Quid Pro Quo vs Hostile Environment. Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington v. Ellerth, 524 U.S. 742 (1998), control.
6. Employer Liability. Strict liability for supervisor harassment with tangible employment action; Faragher/Ellerth affirmative defense available otherwise.
7. Mandatory Training. Indiana has no statewide harassment-training mandate.
8. Filing Deadline. EEOC: 300 days. ICRC: 180 days (Ind. Code § 22-9-1-3(p)). ICRC determinations are binding; private court action under ICRL is generally not available unless both parties consent (Ind. Code § 22-9-1-16).
9. NDA Restrictions. Indiana has not enacted a broad statewide ban on sexual-harassment NDAs; federal Speak Out Act (2022) voids certain pre-dispute NDAs.
This is legal information, not legal advice.
- The 180-day ICRC deadline is approaching
- Your claim involves sexual orientation/gender identity (federal route required)
- You need to preserve federal claims given Indiana's no-private-action default
- Ind. Code § 22-9-1 et seq. (ICRL)
- Ind. Code § 22-9-2 (Age)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.