Employment Discrimination Statutes Flashcards
What statute serves as the basis for employment discrimination claims under Indiana state law?
The Civil Rights Law
What is the Civil Rights Law?
State that declares that it is public policy of Indiana to provide equal opportunity to all of its citizens regardless of
- race,
- religion,
- color,
- sex,
- disability,
- national origin,
- ancestry or;
- veterans
Who is tasked with enforcing the Civil Rights Law in Indiana?
The Civil Rights Commission
What powers are exercised by the Civil Rights Commission?
The civil rights commission has the power to
- Investigate discriminatory practices based on its on initiative when its in the public interest to do so; OR
- Receive complaints of discriminatory practices and investigate them.
What is the procedure of the Civil Rights Commission?
- Receipt of Initial Complaint
- Conciliation
- Response
- Probable Cause Investigation
- Proceedings before a Hearing
- Public Hearing on the Record on Finding of PC
- (alternative) Proceeding in Circuit or Superior state court
- Consent Agreement
What must be done once the Commission receives a complaint?
- Serve complaint on respondent (by mail requiring acknowledgement of receipt)
- Service by publication is also authorized
- Complaint must be filed within 180 days of alleged discrimination
When does respondent have to provide a response to a complaint?
Within 20 days of service (may be extended for good cause)
What must respondent’s response contain?
An answer to the allegations of the complaint admitting or denying, an offer to complainiant in lieu of answering. Failure to answer results as an admission of the truth of the complaint.
What remedies are available if an unlawful discriminatory practice is found?
- Commission must issue a cease and desist order
- May issue an order to restore complainant’s losses
- Require respondent to post notice of Indiana’s public policy on civil rights
- Require RP file proof of compliance
- Require RP show cause for why its license should not be revoked.
What is the Age Discrimination law in Indiana?
It is unfair employment practice and against public policy to refuse to employ or rehire, or dismiss from employment, any person because of their age if the person is between 40 and 75 years old.
To whom does the age discrimination statute apply to.
Employers with fewer than 20 employees. (federal statutes cover employers with more than 20)
Who investigates age discrimination claims in Indiana?
The Indiana Department of Labor
What is discrimination against disabled persons?
A covered entity may not discriminate against a qualified individual with a disability because of the disability of that individual in regard to any of the following:
- job application procedures
- the hiring, advancement or discharge of employees;
- employee compensation
- job training and
- other terms, conditions and privileges of employment.
True or False: disabled persons must still be able to safely perform at the standards set by the employer.
True, however employer must provide reasonable accommodations
Reasonable Accommodations
Employer must provide reasonable accommodations to disabled persons unless it would cause an undue hardship on the employer.
What are examples of reasonable accommodations?
- making facilities used by employees readily accessible
- job restructuring; part time or modified work schedules; reassignment to a vacant position;
- acquisition or modification of equipment or devices;
- appropriate adjustment or modification of examinations, training materials, or policies
- the provision of qualified readers or interpreters
What is undue hardship?
an action requiring significant difficulty or expense when considered in light of various factors such as the cost of the accommodation, the effect on the particular facility, the structure of the workforce, etc.
When must an Appeal of Decision be filed?
An appeal of decision may be filed with the court of appeals within 30 days after receipt of the commission’s final appealable order. An appeal may also be filed when all administrative remedies have been exhausted.
Filing in federal court
If a case is filed in federal court, the commission may not proceed with the case in state court.
