Indiana — Workplace Discrimination

Indiana Code Chapter 22-9-1 (the Indiana Civil Rights Law) prohibits employment discrimination on the basis of race, religion, color, sex, disability, national origin, and ancestry. The law applies to employers with six or more employees within the state (Ind. Code § 22-9-1-3(h)). The Indiana Civil Rights Commission (ICRC) enforces the statute. Religious and fraternal nonprofits, religious educational institutions, and exclusively social clubs not organized for profit are exempt from the employer definition.

Source: Ind. Code § 22-9-1-2, Ind. Code § 22-9-1-3

Under the Indiana Civil Rights Law, a discrimination complaint filed with the Indiana Civil Rights Commission (ICRC) is not valid unless filed within 180 days from the date of the alleged discriminatory practice. The statute provides that "[n]o complaint shall be valid unless filed within one hundred eighty (180) days from the date of the occurrence of the alleged discriminatory practice." This deadline applies to complaints alleging employment discrimination on any basis covered by the statute (race, religion, color, sex, disability, national origin, or ancestry).

Source: Ind. Code § 22-9-1-3(p)

Indiana Code Chapter 22-9-1 establishes a broad prohibition against employment discrimination rather than enumerating specific prohibited acts. Under Ind. Code § 22-9-1-3(l), "every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit...shall be considered unlawful unless it is specifically exempted by this chapter." This general language reaches all forms of employment discrimination based on the protected classes enumerated in the statute (race, religion, color, sex, disability, national origin, and ancestry).

The statute does not catalog specific unlawful acts in the manner of Title VII or many state civil rights laws. Instead, Indiana's approach renders any discriminatory practice in employment unlawful unless the statute itself carves out an exception. The Indiana Civil Rights Commission (ICRC) interprets and enforces this prohibition through its investigative and adjudicative authority under Ind. Code § 22-9-1-6.

Bona fide occupational qualification (BFOQ) exception for sex. The statute expressly permits employment decisions based on sex "in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise" (Ind. Code § 22-9-1-3(q)(2)). This exception applies to hiring, classification, referral by employment agencies or labor organizations, and admission to apprenticeship or training programs. The BFOQ defense is narrow and must be tied to the operational necessities of the specific employer.

Disability definition and employment nexus. For disability discrimination claims, the statute defines "disabled" or "disability" in the employment context as "the physical or mental condition of a person that constitutes a substantial disability unrelated to the person's ability to engage in a particular occupation" (Ind. Code § 22-9-1-3(r)). This language requires plaintiffs to show both that the condition is a substantial disability and that it does not impair their ability to perform the job in question. Indiana's definition is thus narrower than the ADA's "substantially limits one or more major life activities" standard and is occupation-specific.

Veterans and National Guard/Reserve members. Indiana separately prohibits discrimination on the basis of veteran status. Under Ind. Code § 22-9-1-2(f), it is an unlawful discriminatory practice for an employer to refuse to employ an applicant because the applicant is a veteran of the U.S. armed forces or a member of the Indiana National Guard or a reserve component. This protection is in addition to the federal USERRA protections for service members.

Practitioners should note that Indiana's Civil Rights Law applies only to employers with six or more employees (Ind. Code § 22-9-1-3(h)), creating a gap below the federal Title VII threshold of fifteen employees. Employees of exempt organizations (religious/fraternal nonprofits, religious educational institutions, and exclusively social clubs not organized for profit) cannot invoke the Indiana statute and must rely on federal law if they meet Title VII's coverage requirements.

Source: Ind. Code § 22-9-1-2, Ind. Code § 22-9-1-3