CHAPTER 1. CIVIL RIGHTS ENFORCEMENT
IC 22-9
ARTICLE 9. CIVIL RIGHTS
IC 22-9-1
Chapter 1. Civil Rights Enforcement
IC 22-9-1-1
Title of chapter
Sec. 1. IC 1971, 22-9-1 shall be known as the Indiana Civil RightsLaw.
(Formerly: Acts 1961, c.208, s.1; Acts 1963, c.173, s.1; Acts 1971,P.L.357, SEC.1.)
IC 22-9-1-2
Public policy; construction of chapter
Sec. 2. (a) It is the public policy of the state to provide all of itscitizens equal opportunity for education, employment, access topublic conveniences and accommodations, and acquisition throughpurchase or rental of real property, including but not limited tohousing, and to eliminate segregation or separation based solely onrace, religion, color, sex, disability, national origin or ancestry, sincesuch segregation is an impediment to equal opportunity. Equaleducation and employment opportunities and equal access to and useof public accommodations and equal opportunity for acquisition ofreal property are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualifiedpersons by reason of the race, religion, color, sex, disability, nationalorigin, or ancestry of such person is contrary to the principles offreedom and equality of opportunity and is a burden to the objectivesof the public policy of this state and shall be considered asdiscriminatory practices. The promotion of equal opportunity withoutregard to race, religion, color, sex, disability, national origin, orancestry through reasonable methods is the purpose of this chapter.
(c) It is also the public policy of this state to protect employers,labor organizations, employment agencies, property owners, realestate brokers, builders, and lending institutions from unfoundedcharges of discrimination.
(d) It is hereby declared to be contrary to the public policy of thestate and an unlawful practice for any person, for profit, to induce orattempt to induce any person to sell or rent any dwelling byrepresentations regarding the entry or prospective entry into theneighborhood of a person or persons of a particular race, religion,color, sex, disability, national origin, or ancestry.
(e) The general assembly recognizes that on February 16, 1972,there are institutions of learning in Indiana presently and traditionallyfollowing the practice of limiting admission of students to males orto females. It is further recognized that it would be unreasonable toimpose upon these institutions the expense of remodeling facilitiesto accommodate students of both sexes, and that educationalfacilities of similar quality and type are available in coeducational
institutions for those students desiring such facilities. It is furtherrecognized that this chapter is susceptible of interpretation to preventthese institutions from continuing their traditional policies, a resultnot intended by the general assembly. Therefore, the amendmenteffected by Acts 1972, P.L.176, is desirable to permit thecontinuation of the policies described.
(f) This chapter shall be construed broadly to effectuate itspurpose.
(Formerly: Acts 1961, c.208, s.2; Acts 1963, c.173, s.2; Acts 1965,c.214, s.1; Acts 1967, c.276, s.1; Acts 1969, c.298, s.1; Acts 1971,P.L.357, SEC.2; Acts 1975, P.L.256, SEC.1.) As amended byP.L.5-1988, SEC.116; P.L.23-1993, SEC.130.
IC 22-9-1-3
Definitions
Sec. 3. As used in this chapter:
(a) "Person" means one (1) or more individuals, partnerships,associations, organizations, limited liability companies, corporations,labor organizations, cooperatives, legal representatives, trustees,trustees in bankruptcy, receivers, and other organized groups ofpersons.
(b) "Commission" means the civil rights commission createdunder section 4 of this chapter.
(c) "Director" means the director of the civil rights commission.
(d) "Deputy director" means the deputy director of the civil rightscommission.
(e) "Commission attorney" means the deputy attorney general,such assistants of the attorney general as may be assigned to thecommission, or such other attorney as may be engaged by thecommission.
(f) "Consent agreement" means a formal agreement entered intoin lieu of adjudication.
(g) "Affirmative action" means those acts that the commissiondetermines necessary to assure compliance with the Indiana civilrights law.
(h) "Employer" means the state or any political or civilsubdivision thereof and any person employing six (6) or morepersons within the state, except that the term "employer" does notinclude:
(1) any nonprofit corporation or association organizedexclusively for fraternal or religious purposes;
(2) any school, educational, or charitable religious institutionowned or conducted by or affiliated with a church or religiousinstitution; or
(3) any exclusively social club, corporation, or association thatis not organized for profit.
(i) "Employee" means any person employed by another for wagesor salary. However, the term does not include any individualemployed:
(1) by the individual's parents, spouse, or child; or (2) in the domestic service of any person.
(j) "Labor organization" means any organization that exists for thepurpose in whole or in part of collective bargaining or of dealingwith employers concerning grievances, terms, or conditions ofemployment or for other mutual aid or protection in relation toemployment.
(k) "Employment agency" means any person undertaking with orwithout compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities becauseof race, religion, color, sex, disability, national origin, orancestry;
(2) a system that excludes persons from equal opportunitiesbecause of race, religion, color, sex, disability, national origin,or ancestry;
(3) the promotion of racial segregation or separation in anymanner, including but not limited to the inducing of or theattempting to induce for profit any person to sell or rent anydwelling by representations regarding the entry or prospectiveentry in the neighborhood of a person or persons of a particularrace, religion, color, sex, disability, national origin, or ancestry;or
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, andis committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale ofreal estate, education, public accommodations, employment, or theextending of credit (as defined in IC 24-4.5-1-301.5) shall beconsidered unlawful unless it is specifically exempted by thischapter.
(m) "Public accommodation" means any establishment that catersor offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on the individual's own behalf tohave been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission chargingthat a discriminatory practice was committed against a personother than himself or a class of people, in order to vindicate thepublic policy of the state (as defined in section 2 of thischapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with thecommission; or
(2) filed by a complainant as a civil action in the circuit orsuperior court having jurisdiction in the county in which thealleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall besigned and verified by the complainant.
(p) "Sufficiently complete" refers to a complaint that includes:
(1) the full name and address of the complainant;
(2) the name and address of the respondent against whom the
complaint is made;
(3) the alleged discriminatory practice and a statement ofparticulars thereof;
(4) the date or dates and places of the alleged discriminatorypractice and if the alleged discriminatory practice is of acontinuing nature the dates between which continuing acts ofdiscrimination are alleged to have occurred; and
(5) a statement as to any other action, civil or criminal,instituted in any other form based upon the same grievancealleged in the complaint, together with a statement as to thestatus or disposition of the other action.
No complaint shall be valid unless filed within one hundred eighty(180) days from the date of the occurrence of the allegeddiscriminatory practice.
(q) "Sex" as it applies to segregation or separation in this chapterapplies to all types of employment, education, publicaccommodations, and housing. However:
(1) it shall not be a discriminatory practice to maintain separaterestrooms;
(2) it shall not be an unlawful employment practice for anemployer to hire and employ employees, for an employmentagency to classify or refer for employment any individual, fora labor organization to classify its membership or to classify orrefer for employment any individual, or for an employer, labororganization, or joint labor management committee controllingapprenticeship or other training or retraining programs to admitor employ any other individual in any program on the basis ofsex in those certain instances where sex is a bona fideoccupational qualification reasonably necessary to the normaloperation of that particular business or enterprise; and
(3) it shall not be a discriminatory practice for a private orreligious educational institution to continue to maintain andenforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mentalcondition of a person that constitutes a substantial disability. Inreference to employment, under this chapter, "disabled or disability"also means the physical or mental condition of a person thatconstitutes a substantial disability unrelated to the person's ability toengage in a particular occupation.
(Formerly: Acts 1961, c.208, s.3; Acts 1963, c.173, s.3; Acts 1967,c.276, s.2; Acts 1969, c.298, s.2; Acts 1971, P.L.357, SEC.3; Acts1972, P.L.176, SEC.2; Acts 1974, P.L.111, SEC.1; Acts 1975,P.L.256, SEC.2.) As amended by Acts 1978, P.L.123, SEC.1;P.L.37-1985, SEC.44; P.L.111-1992, SEC.1; P.L.8-1993, SEC.292;P.L.23-1993, SEC.131; P.L.203-1993, SEC.1; P.L.1-1994, SEC.114;P.L.14-1994, SEC.2; P.L.164-1997, SEC.1; P.L.35-2010, SEC.3.
IC 22-9-1-4
Civil rights commission; creation
Sec. 4. (a) There is hereby created a civil rights commission
composed of seven (7) members, not more than four (4) of whomshall be members of the same political party, to be appointed by thegovernor. In making such appointments, the governor shall take intoconsideration all interests in the community including but not limitedto the interests of minority groups, employers, labor, and the public.
(b) Except as provided in IC 4-21.5-2, IC 4-21.5 applies to thecommission.
(c) Successors to all members of the commission shall beappointed for terms of four (4) years, excepting when appointed tofill a vacancy, in which case such appointment shall be for theunexpired term.
(d) Members of the commission may be removed by the governorfor cause but for no other reason.
(e) The members of the commission shall be paid per diem andtravel expenses and other necessary and reasonable expenses forattendance at meetings and hearings of the commission.
(Formerly: Acts 1961, c.208, s.4; Acts 1963, c.173, s.4; Acts 1969,c.298, s.3; Acts 1971, P.L.357, SEC.4.) As amended by P.L.7-1987,SEC.99.
IC 22-9-1-5
Civil rights commission; appointment of members; meetings
Sec. 5. The members of the Commission shall be appointed withinthirty (30) days after the effective date of IC 1971 22-9-1 and thefirst meeting thereof shall be called by the member first appointedwithin sixty (60) days after the effective date of IC 1971, 22-9-1.
At its first meeting and at each annual meeting held thereafter, theCommission shall organize by the election of a chairman and vicechairman from its membership, each of whom, except those firstelected, shall serve for a term of one (1) year and until his successoris elected.
The Commission shall hold one (1) regular meeting each month,and such called meetings as its chairman may deem to be necessary.The April meeting shall be the annual meeting.
(Formerly: Acts 1961, c.208, s.5; Acts 1971, P.L.357, SEC.5.)
IC 22-9-1-6
Civil rights commission; powers and duties
Sec. 6. (a) The commission shall establish and maintain apermanent office in the city of Indianapolis.
(b) The commission may appoint such attorneys and otheremployees and agents as it considers necessary, fix theircompensation within the limitation provided by law, and prescribetheir duties. All these employees, with the exception of the executivedirector and attorneys, shall be appointed by the commission fromeligible lists to be promulgated by the department of personnel as theresult of a competitive examination held under IC 4-15-2 and rulesof the department and on the basis of training, practical experience,education, and character. However, special consideration and dueweight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of hisacademic training. Promotions, suspensions, and removal of personsappointed from such lists shall be in accordance with IC 4-15-2. Thereasonable and necessary traveling expenses of each employee of thecommission while actually engaged in the performance of duties inbehalf of the commission shall be paid in accordance with the statetravel policies and procedures established by the Indiana departmentof administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission mayadopt rules under IC 4-22-2 to implement this chapter.
(d) The commission shall formulate policies to effectuate thepurposes of this chapter and make recommendations to agencies andofficers of the state or local subdivisions thereof to effectuate suchpolicies. The several departments, commissions, divisions,authorities, boards, bureaus, agencies, and officers of the state or anypolitical subdivision or agency thereof shall furnish the commission,upon its request, all records, papers, and information in theirpossession relating to any matter before the commission.
(e) The commission shall receive and investigate complaintsalleging discriminatory practices. The commission shall not holdhearings in the absence of a complaint. All investigations ofcomplaints shall be conducted by staff members of the civil rightscommission or their agents.
(f) The commission may create such advisory agencies andconciliation councils, local or statewide, as will aid in effectuatingthe purposes of this chapter. The commission may itself, or it mayempower these agencies and councils to:
(1) study the problems of discrimination in the areas covered bysection 2 of this chapter when based on race, religion, color,sex, handicap, national origin, or ancestry; and
(2) foster through community effort, or otherwise, good willamong the groups and elements of the population of the state.
These agencies and councils may make recommendation to thecommission for the development of policies and procedures ingeneral. Advisory agencies and conciliation councils created by thecommission shall be composed of representative citizens servingwithout pay, but with reimbursement for reasonable and necessaryactual expenses.
(g) The commission may issue such publications and such resultsof investigations and research as in its judgment will tend to promotegood will and minimize or eliminate discrimination because of race,religion, color, sex, handicap, national origin, or ancestry.
(h) The commission shall prevent any person from discharging,expelling, or otherwise discriminating against any other personbecause he filed a complaint, testified in any hearing before thiscommission, or in any way assisted the commission in any matterunder its investigation.
(i) The commission may hold hearings, subpoena witnesses,compel their attendance, administer oaths, take the testimony of anyperson under oath, and require the production for examination of any
books and papers relating to any matter under investigation or inquestion before the commission. The commission may make rules asto the issuance of subpoenas by individual commissioners.Contumacy or refusal to obey a subpoena issued under this sectionshall constitute a contempt. All hearings shall be held within Indianaat a location determined by the commission. A citation of contemptmay be issued upon application by the commission to the circuit orsuperior court in the county in which the hearing is held or in whichthe witness resides or transacts business.
(j) The commission may appoint administrative law judges otherthan commissioners, when an appointment is deemed necessary bya majority of the commission. The administrative law judges shall bemembers in good standing before the bar of Indiana and shall beappointed by the chairman of the commission. An administrative lawjudge appointed under this subsection shall have the same powersand duties as a commissioner sitting as an administrative law judge.However, the administrative law judge may not issue subpoenas.
(k) The commission shall state its findings of fact after a hearingand, if the commission finds a person has engaged in an unlawfuldiscriminatory practice, shall cause to be served on this person anorder requiring the person to cease and desist from the unlawfuldiscriminatory practice and requiring the person to take furtheraffirmative action as will effectuate the purposes of this chapter,including but not limited to the power:
(A) to restore complainant's losses incurred as a result ofdiscriminatory treatment, as the commission may deemnecessary to assure justice; however, this specific provisionwhen applied to orders pertaining to employment shall includeonly wages, salary, or commissions;
(B) to require the posting of notice setting forth the publicpolicy of Indiana concerning civil rights and respondent'scompliance with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent atperiodic intervals; and
(D) to require a person who has been found to be in violation ofthis chapter and who is licensed by a state agency authorized togrant a license to show cause to the licensing agency why hislicense should not be revoked or suspended.
(l) Judicial review of a cease and desist order or other affirmativeaction as referred to in this chapter may be obtained under IC 22-9-8.If no proceeding to obtain judicial review is instituted within thirty(30) days from receipt of notice by a person that an order has beenmade by the commission, the commission, if it determines that theperson upon whom the cease and desist order has been served is notcomplying or is making no effort to comply, may obtain a decree ofa court for the enforcement of the order in circuit or superior courtupon showing that the person is subject to the commission'sjurisdiction and resides or transacts business within the county inwhich the petition for enforcement is brought.
(m) If, upon all the evidence, the commission shall find that a
person has not engaged in any unlawful practice or violation of thischapter, the commission shall state its findings of facts and shallissue and cause to be served on the complainant an order dismissingthe complaint as to the person.
(n) The commission may furnish technical assistance requested bypersons subject to this chapter to further compliance with thischapter or with an order issued thereunder.
(o) The commission shall promote the creation of local civil rightsagencies to cooperate with individuals, neighborhood associations,and state, local, and other agencies, both public and private,including agencies of the federal government and of other states.
(p) The commission may reduce the terms of conciliation agreedto by the parties to writing (to be called a consent agreement) that theparties and a majority of the commissioners shall sign. When signed,the consent agreement shall have the same effect as a cease anddesist order issued under subsection (k). If the commissiondetermines that a party to the consent agreement is not complyingwith it, the commission may obtain enforcement of the consentagreement in a circuit or superior court upon showing that the partyis not complying with the consent agreement and the party is subjectto the commission's jurisdiction and resides or transacts businesswithin the county in which the petition for enforcement is brought.
(q) In lieu of investigating a complaint and holding a hearingunder this section, the commission may issue an order based onfindings and determinations by the federal Department of Housingand Urban Development or the federal Equal EmploymentOpportunity Commission concerning a complaint that has been filedwith one (1) of these federal agencies and with the commission. Thecommission shall adopt by rule standards under which thecommission may issue such an order.
(r) Upon notice that a complaint is the subject of an action in afederal court, the commission shall immediately cease investigationof the complaint and may not conduct hearings or issue findings offact or orders concerning that complaint.
(Formerly: Acts 1961, c.208, s.6; Acts 1963, c.173, s.5; Acts 1965,c.214, s.2; Acts 1967, c.276, s.3; Acts 1969, c.298, s.4; Acts 1971,P.L.357, SEC.6; Acts 1974, P.L.111, SEC.2; Acts 1975, P.L.256,SEC.3.) As amended by Acts 1978, P.L.6, SEC.33; Acts 1979, P.L.31,SEC.13; P.L.37-1985, SEC.45; P.L.7-1987, SEC.100; P.L.111-1992,SEC.2; P.L.1-1993, SEC.187; P.L.23-1993, SEC.132; P.L.203-1993,SEC.2; P.L.14-1994, SEC.3; P.L.1-1994, SEC.115; P.L.2-1995,SEC.84.
IC 22-9-1-7
Educational programs
Sec. 7. In order to eliminate prejudice among the various racial,religious, and ethnic groups in this state and to further goodwillamong such groups, the commission, in cooperation with the statedepartment of education and the universities and colleges of thestate, and such other universities and colleges as are willing to
cooperate, is directed to prepare a comprehensive educationalprogram, designed to emphasize the origin of prejudice against suchminority groups, its harmful effects, its incompatibility withAmerican principles of equality and fair play, and violation of thebrotherhood of man.
(Formerly: Acts 1961, c.208, s.7.) As amended by P.L.20-1984,SEC.196.
IC 22-9-1-8
Civil rights commission; director
Sec. 8. The governor shall select and appoint a director who shallbe secretary of the commission and chief administrative officer forthe commission. The director shall devote his entire time and effortto the administration of the provisions of this chapter and shall notengage in or have any interest in any business or activity which maycreate a conflict of interest. The salary of the director shall be fixedby the governor with the approval of the budget agency.
(Formerly: Acts 1961, c.208, s.8.) As amended by P.L.144-1986,SEC.178.
IC 22-9-1-9
Civil rights commission; director; oath of office
Sec. 9. The director and the members of the commission beforeentering upon the discharge of their official duties shall each takeand subscribe to an oath of office which shall be endorsed upon theirrespective certificates of appointment.
(Formerly: Acts 1961, c.208, s.9.)
IC 22-9-1-10
Public contractors; public utility franchises
Sec. 10. Every contract to which the state or any of its political orcivil subdivisions is a party, including franchises granted to publicutilities, shall contain a provision requiring the contractor and hissubcontractors not to discriminate against any employee or applicantfor employment to be employed in the performance of such contract,with respect to his hire, tenure, terms, conditions or privileges ofemployment or any matter directly or indirectly related toemployment, because of his race, religion, color, sex, disability,national origin, or ancestry. Breach of this covenant may be regardedas a material breach of the contract.
(Formerly: Acts 1961, c.208, s.10; Acts 1971, P.L.357, SEC.7; Acts1975, P.L.256, SEC.4.) As amended by P.L.23-1993, SEC.133.
IC 22-9-1-11
Investigation of complaints; recommendations to legislature
Sec. 11. In addition to its power to investigate the discriminatorypractices referred to in this chapter, the commission may receivewritten complaints of violation of this chapter or other discriminatorypractices based upon race, religion, color, sex, national origin, orancestry and to investigate such complaints as it deems meritorious,
or to conduct such investigation in the absence of complaintswhenever it deems it in the public interest. It may transmit to thegeneral assembly its recommendations for legislation designed to aidin the removing of such discrimination.
(Formerly: Acts 1961, c.208, s.11; Acts 1974, P.L.111, SEC.3.) Asamended by P.L.144-1986, SEC.179.
IC 22-9-1-12
Repealed
(Repealed by Acts 1978, P.L.123, SEC.3.)
IC 22-9-1-12.1
"State agency" defined; local government; ordinances; exclusivejurisdiction; transfer of complaints; appeals
Sec. 12.1. (a) As used in this section, the term "state agency"means:
(1) every office, officer, board, commission, department,division, bureau, committee, fund, agency; and
(2) without limitation by reason of any enumeration in thissection:
(A) every other instrumentality of the state, every hospital,every penal institution, and every other institutionalenterprise and activity of the state, wherever located;
(B) the state educational institutions; and
(C) the judicial department of the state.
"State agency" does not mean counties, county offices of family andchildren, cities, towns, townships, school corporations (as defined inIC 20-18-2-16), or other municipal corporations, politicalsubdivisions, or units of local government.
(b) Any city, town, or county is hereby authorized to adopt anordinance or ordinances, which may include establishment ordesignation of an appropriate local commission, office, or agency toeffectuate within its territorial jurisdiction the public policy of thestate as declared in section 2 of this chapter without conflict with anyof the provisions of this chapter. Any city or town may adopt such anordinance or ordinances jointly with any other city or town locatedin the same county or jointly with that county. A city ordinance thatestablishes a local commission may provide that the members of thecommission are to be appointed solely by the city executive or solelyby the city legislative body or may provide for a combination ofappointments by the city executive and the city legislative body. Theboard of commissioners of each county is also authorized to adoptordinances in accordance with this section. An agency established ordesignated under this section has no jurisdiction over the state or anyof its agencies.
(c) An ordinance adopted under this section may grant to the localagency the power to:
(1) investigate, conciliate, and hear complaints;
(2) subpoena and compel the attendance of witnesses orproduction of pertinent documents and records; (3) administer oaths;
(4) examine witnesses;
(5) appoint hearing examiners or panels;
(6) make findings and recommendations;
(7) issue cease and desist orders or orders requiring remedialaction;
(8) order payment of actual damages, except that damages to bepaid as a result of discriminatory practices relating toemployment shall be limited to lost wages, salaries,commissions, or fringe benefits;
(9) institute actions for appropriate legal or equitable relief ina circuit or superior court;
(10) employ an executive director and other staff personnel;
(11) adopt rules and regulations;
(12) initiate complaints, except that no person who initiates acomplaint may participate as a member of the agency in thehearing or disposition of the complaint; and
(13) conduct programs and activities to carry out the publicpolicy of the state, as provided in section 2 of this chapter,within the territorial boundaries of a local agency.
(d) Any person who files a complaint with any local agency maynot also file a complaint with the civil rights commission concerningany of the matters alleged in such complaint, and any person whofiles a complaint with the civil rights commission may not also filea complaint with any local agency concerning any of the mattersalleged in such complaint. Any complaint filed with the commissionmay be transferred by the commission to any local agency havingjurisdiction. The local agency shall proceed to act on the complaintas if it had been originally filed with the local agency as of the datethat the complaint was filed with the commission. Any complaintfiled with a local agency may be transferred by the local agency tothe commission if the commission has jurisdiction. The commissionshall proceed to act on the complaint as if it had been originally filedwith the commission as of the date that the complaint was filed withthe local agency. Nothing in this subsection shall affect such person'sright to pursue any and all other rights and remedies available in anyother state or federal forum.
(e) A decision of the local agency may be appealed under theterms of IC 4-21.5 the same as if it was a decision of a state agency.
As added by Acts 1978, P.L.123, SEC.2. Amended by Acts 1979,P.L.230, SEC.1; P.L.7-1987, SEC.101; P.L.111-1992, SEC.3;P.L.4-1993, SEC.259; P.L.5-1993, SEC.272; P.L.1-2005, SEC.188;P.L.2-2007, SEC.307.
IC 22-9-1-13
Employment of persons with physical disability; discrimination;promotion or transfer; physical accommodations
Sec. 13. (a) The prohibition against discrimination in employmentbecause of disability does not apply to failure of an employer toemploy or to retain as an employee any person who because of a
disability is physically or otherwise unable to efficiently and safelyperform, at the standards set by the employer, the duties required inthat job.
(b) After a person with a disability is employed, the employershall not be required under this chapter to promote or transfer suchperson with a disability to another job or occupation, unless, prior tosuch transfer, such person with a disability by training or experienceis qualified for such job or occupation.
(c) This section shall not be construed to require any employer tomodify any physical accommodations or administrative proceduresto accommodate a person with a disability.
(Formerly: Acts 1975, P.L.256, SEC.6.) As amended by Acts 1978,P.L.123, SEC.1; P.L.226-1985, SEC.1; P.L.23-1993, SEC.134.
IC 22-9-1-14
Repealed
(Repealed by P.L.2-1995, SEC.140.)
IC 22-9-1-15
Reserved
IC 22-9-1-16
Election of civil action
Sec. 16. (a) A respondent or a complainant may elect to have theclaims that are the basis for a finding of probable cause decided in acivil action as provided by section 17 of this chapter. However, boththe respondent and the complainant must agree in writing to have theclaims decided in a court of law. The agreement must be on a formprovided by the commission.
(b) The election may not be made if the commission has begun ahearing on the record under this chapter with regard to a finding ofprobable cause.
As added by P.L.14-1994, SEC.4. Amended by P.L.167-1996, SEC.1.
IC 22-9-1-17
Filing of civil action; relief; trial by court
Sec. 17. (a) If a timely election is made under section 16 of thischapter, the complainant may file a civil action in a circuit orsuperior court having jurisdiction in the county in which adiscriminatory practice allegedly occurred.
(b) If the court finds that a discriminatory practice has occurredthe court may grant the relief allowed under IC 22-9-1-6(k).
(c) A civil action filed under this section must be tried by thecourt without benefit of a jury.
As added by P.L.14-1994, SEC.5.
IC 22-9-1-18
Hearings by commission; appeals
Sec. 18. (a) If a timely election is not made under section 16 ofthis chapter, the commission shall schedule a hearing on the finding
of probable cause.
(b) Except as provided in subsection (c), IC 4-21.5 governs ahearing under this section.
(c) A proceeding under this section may not continue regarding analleged discriminatory practice after the filing of a civil action.
(d) IC 22-9-8 governs appeal of a final order issued under thissection.
As added by P.L.14-1994, SEC.6.