Transcript State of Indiana Civil Rights Commission EMPLOYMENT LAW Applicable Laws • Indiana Civil Rights Act • Title VII of the Civil Rights Act of 1964

State of Indiana
Civil Rights Commission
EMPLOYMENT
LAW
Applicable Laws
• Indiana Civil Rights Act
• Title VII of the Civil Rights Act of 1964
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
Protected Classes
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Race
Religion
Color
Sex
Disability
National Origin
Ancestry
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
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
Coverage Areas
• The Indiana Civil Rights Act prohibits discrimination in
all areas of employment including:
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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
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
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.
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!
National Origin (con.)
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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
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)
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
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
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
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More than ordinary administrative costs
Diminishes efficiency of other jobs/employees
Impairs workplace safety
Conflicts with another law or regulation
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
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
Race Discrimination
• Equal employment opportunity cannot be
denied to a person because of:
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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
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
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
Qualified Disabled Person
• A qualified employee or applicant with a
disability is someone who satisfies:
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Skill
Experience
Education
Job-related requirements
Essential functions of the job with or without a
reasonable accommodation
Duty to Accommodate
• Reasonable Accommodations may include:
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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
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
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.
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
Questions or Concerns?
Indiana Civil Rights Commission
100 North Senate Avenue, Room N103
Indianapolis, IN 46204
Office: (317) 232-2600
Toll Free: (800) 628-2909
Hearing Impaired: (800) 743-3333
Website: http://www.in.gov/icrc