Workplace Harassment as a Form of Discrimination
When offensive conduct is directed at someone because of their race, religion, sex, national origin, or age, it can constitute harassment under federal law. That harassment often creates a hostile work environment for the victim. According to the EEOC, harassment, including sexual harassment, is a form of employment discrimination and a violation of federal law.
Harassment may be carried out by a co-worker, a supervisor, or even a client. Regardless of who the perpetrator is, employers can be held liable if they knew about the conduct and failed to stop it.
Federal & Indiana Laws That Protect Employees from Discrimination
Several federal statutes form the foundation of workplace discrimination law. Understanding which law applies to your situation affects what you can claim and how much time you have to act.
Federal laws protecting Indianapolis employees include:
- Title VII of the Civil Rights Act covers discrimination based on race, color, religion, sex, and national origin
- Age Discrimination in Employment Act (ADEA) protects workers 40 and older from age-based discrimination
- Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities
- Genetic Information Nondiscrimination Act (GINA) bars employers from using genetic information in employment decisions
- Equal Pay Act requires equal pay for equal work regardless of sex
The Indiana Civil Rights Commission (ICRC) enforces these protections at the state level. Federal discrimination law generally applies to employers with 15 or more employees; the ADEA applies to employers with 20 or more. Discrimination can be direct, through explicit differential treatment, or indirect through disparate impact, where a seemingly neutral policy disproportionately harms a protected group.
We challenge discrimination based on all protected characteristics, including:
- Disability
- Age
- Citizenship status
- Ancestry
- Race
- National origin
- Religion
- Gender
- Pregnancy
- Sexual orientation
EEOC Filing Deadlines Indianapolis Employees Must Know
Before filing a federal discrimination lawsuit, Indiana employees must first file a charge of discrimination with the EEOC or the Indiana Civil Rights Commission. Indiana is a deferral state, which means employees generally have more time to file than in non-deferral states, but the deadlines still require prompt action.
For most discrimination claims, including those based on race, color, sex, national origin, religion, and disability, employees have 300 days from the date of the discriminatory act to file an EEOC charge. The deadline for age discrimination claims in Indiana is 180 days from the date of the act, per the EEOC’s Indianapolis district office. Because the applicable deadline depends on your specific claim, consulting a workplace discrimination attorney in Indianapolis as early as possible is strongly advisable.
The ICRC and EEOC operate under a work-sharing agreement, so filing with either agency cross-files with the other, preserving both state and federal remedies. Once the EEOC issues a right-to-sue letter, you have 90 days to file a lawsuit in federal court. Deadlines run from the date the discriminatory act occurred, not from when you recognized it as illegal.
Retaliation Protections & Your Next Step
If you’re concerned about retaliation for filing a claim, that fear is understandable and one we hear often. Federal law prohibits employers from retaliating against any employee for reporting discrimination or filing a charge. If an employer fires you in response to a complaint, that termination is itself a separate legal violation, one we handle as part of wrongful termination claims.
You don’t have to navigate this alone. We serve Indianapolis employees going up against employers of every size, and our record at the appellate level means we’re prepared to go the distance. Reach out to Biesecker Dutkanych & Macer, LLC to schedule a confidential case evaluation.
Call our firm today to schedule a confidential case evaluation. Contact Biesecker Dutkanych & Macer, LLC at (888) 424-9253.
Frequently Asked Questions
What should I do if I think I’m experiencing workplace discrimination?
Document every incident with dates, descriptions, and any witnesses. Report the conduct to your HR department and keep records of that report. Then file a charge with the EEOC or the Indiana Civil Rights Commission before your deadline passes. Consulting a discrimination attorney early helps you preserve evidence and avoid procedural missteps that could limit your options later.
What damages can I recover in an employment discrimination case?
Potential damages include back pay for lost wages, front pay for future earnings, compensatory damages for emotional distress and other harms, punitive damages in cases of intentional discrimination, attorney’s fees, and court costs. What’s available in your case depends on the specific facts, the laws that apply, and the employer’s conduct. An attorney can help you assess what recovery may be possible given your circumstances.
Can my employer fire me for reporting discrimination?
No. Federal law prohibits retaliation against any employee who reports discrimination, files an EEOC charge, or participates in a discrimination investigation. If your employer fires you, demotes you, or takes other adverse action after you report discrimination, that retaliation is itself a separate legal violation. You may have both a discrimination claim and a wrongful termination claim.