IC 22-9-1-1 Title of chapter
Sec. 1. IC 1971, 22-9-1 shall be known as the Indiana Civil Rights
Law. (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 its
citizens equal opportunity for education, employment, access to
public conveniences and accommodations, and acquisition through
purchase or rental of real property, including but not limited to
housing, and to eliminate segregation or separation based solely on
race, religion, color, sex, disability, national origin or ancestry, since
such segregation is an impediment to equal opportunity. Equal
education and employment opportunities and equal access to and use
of public accommodations and equal opportunity for acquisition of
real property are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualified
persons by reason of the race, religion, color, sex, disability, national
origin, or ancestry of such person is contrary to the principles of
freedom and equality of opportunity and is a burden to the objectives
of the public policy of this state and shall be considered as
discriminatory practices. The promotion of equal opportunity without
regard to race, religion, color, sex, disability, national origin, or
ancestry 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, real
estate brokers, builders, and lending institutions from unfounded
charges of discrimination.
(d) It is hereby declared to be contrary to the public policy of the
state and an unlawful practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the
neighborhood 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 traditionally
following the practice of limiting admission of students to males or
to females. It is further recognized that it would be unreasonable to
impose upon these institutions the expense of remodeling facilities
to accommodate students of both sexes, and that educational
facilities of similar quality and type are available in coeducational
institutions for those students desiring such facilities. It is further
recognized that this chapter is susceptible of interpretation to prevent
these institutions from continuing their traditional policies, a result
not intended by the general assembly. Therefore, the amendment
effected by Acts 1972, P.L.176, is desirable to permit the
continuation of the policies described.
(f) This chapter shall be construed broadly to effectuate its
purpose. (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 by
P.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 of
persons.
(b) "Commission" means the civil rights commission created
under 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 rights
commission.
(e) "Commission attorney" means the deputy attorney general,
such assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
(f) "Consent agreement" means a formal agreement entered into
in lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil
rights law.
(h) "Employer" means the state or any political or civil
subdivision thereof and any person employing six (6) or more
persons within the state, except that the term "employer" does not
include:
(1) any nonprofit corporation or association organized
exclusively for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
institution; or
(3) any exclusively social club, corporation, or association that
is not organized for profit.
(i) "Employee" means any person employed by another for wages
or salary. However, the term does not include any individual
employed:
(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 the
purpose in whole or in part of collective bargaining or of dealing
with employers concerning grievances, terms, or conditions of
employment or for other mutual aid or protection in relation to
employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because
of race, religion, color, sex, disability, national origin, or
ancestry;
(2) a system that excludes persons from equal opportunities
because of race, religion, color, sex, disability, national origin,
or ancestry;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, disability, national origin, or ancestry;
or
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and
is committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale of
real estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301.5) shall be
considered unlawful unless it is specifically exempted by this
chapter.
(m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on the individual's own behalf to
have been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission charging
that a discriminatory practice was committed against a person
other than himself or a class of people, in order to vindicate the
public policy of the state (as defined in section 2 of this
chapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with the
commission; or
(2) filed by a complainant as a civil action in the circuit or
superior court having jurisdiction in the county in which the
alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed 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 of
particulars thereof;
(4) the date or dates and places of the alleged discriminatory
practice and if the alleged discriminatory practice is of a
continuing nature the dates between which continuing acts of
discrimination 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 grievance
alleged in the complaint, together with a statement as to the
status 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 alleged
discriminatory practice.
(q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public
accommodations, and housing. However:
(1) it shall not be a discriminatory practice to maintain separate
restrooms;
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for
a labor organization to classify its membership or to classify or
refer for employment any individual, or for an employer, labor
organization, or joint labor management committee controlling
apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of
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; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental
condition of a person that constitutes a substantial disability. In
reference to employment, under this chapter, "disabled or disability"
also means 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. (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; Acts
1972, 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 whom
shall be members of the same political party, to be appointed by the
governor. In making such appointments, the governor shall take into
consideration all interests in the community including but not limited
to 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 the
commission.
(c) Successors to all members of the commission shall be
appointed for terms of four (4) years, excepting when appointed to
fill a vacancy, in which case such appointment shall be for the
unexpired term.
(d) Members of the commission may be removed by the governor
for cause but for no other reason.
(e) The members of the commission shall be paid per diem and
travel expenses and other necessary and reasonable expenses for
attendance 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 within
thirty (30) days after the effective date of IC 1971 22-9-1 and the
first meeting thereof shall be called by the member first appointed
within sixty (60) days after the effective date of IC 1971, 22-9-1.
At its first meeting and at each annual meeting held thereafter, the
Commission shall organize by the election of a chairman and vice
chairman from its membership, each of whom, except those first
elected, shall serve for a term of one (1) year and until his successor
is 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 a
permanent office in the city of Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their
compensation within the limitation provided by law, and prescribe
their duties. All these employees, with the exception of the executive
director and attorneys, shall be appointed by the commission from
eligible lists to be promulgated by the department of personnel as the
result of a competitive examination held under IC 4-15-2 and rules
of the department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of his
academic training. Promotions, suspensions, and removal of persons
appointed from such lists shall be in accordance with IC 4-15-2. The
reasonable and necessary traveling expenses of each employee of the
commission while actually engaged in the performance of duties in
behalf of the commission shall be paid in accordance with the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission may
adopt rules under IC 4-22-2 to implement this chapter.
(d) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions,
authorities, boards, bureaus, agencies, and officers of the state or any
political subdivision or agency thereof shall furnish the commission,
upon its request, all records, papers, and information in their
possession relating to any matter before the commission.
(e) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of
complaints shall be conducted by staff members of the civil rights
commission or their agents.
(f) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating
the purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 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 will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in
general. Advisory agencies and conciliation councils created by the
commission shall be composed of representative citizens serving
without pay, but with reimbursement for reasonable and necessary
actual expenses.
(g) The commission may issue such publications and such results
of investigations and research as in its judgment will tend to promote
good 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 person
because he filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter
under its investigation.
(i) The commission may hold hearings, subpoena witnesses,
compel their attendance, administer oaths, take the testimony of any
person under oath, and require the production for examination of any
books and papers relating to any matter under investigation or in
question before the commission. The commission may make rules as
to the issuance of subpoenas by individual commissioners.
Contumacy or refusal to obey a subpoena issued under this section
shall constitute a contempt. All hearings shall be held within Indiana
at a location determined by the commission. A citation of contempt
may be issued upon application by the commission to the circuit or
superior court in the county in which the hearing is held or in which
the witness resides or transacts business.
(j) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by
a majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers
and 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 hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an
order requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative 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 of
discriminatory treatment, as the commission may deem
necessary to assure justice; however, this specific provision
when applied to orders pertaining to employment shall include
only wages, salary, or commissions;
(B) to require the posting of notice setting forth the public
policy of Indiana concerning civil rights and respondent's
compliance with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why his
license should not be revoked or suspended.
(l) Judicial review of a cease and desist order or other affirmative
action 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 been
made by the commission, the commission, if it determines that the
person upon whom the cease and desist order has been served is not
complying or is making no effort to comply, may obtain a decree of
a court for the enforcement of the order in circuit or superior court
upon showing that the person is subject to the commission's
jurisdiction and resides or transacts business within the county in
which 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 this
chapter, the commission shall state its findings of facts and shall
issue and cause to be served on the complainant an order dismissing
the complaint as to the person.
(n) The commission may furnish technical assistance requested by
persons subject to this chapter to further compliance with this
chapter or with an order issued thereunder.
(o) The commission shall promote the creation of local civil rights
agencies 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 agreed
to by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and
desist order issued under subsection (k). If the commission
determines that a party to the consent agreement is not complying
with it, the commission may obtain enforcement of the consent
agreement in a circuit or superior court upon showing that the party
is not complying with the consent agreement and the party is subject
to the commission's jurisdiction and resides or transacts business
within the county in which the petition for enforcement is brought.
(q) In lieu of investigating a complaint and holding a hearing
under this section, the commission may issue an order based on
findings and determinations by the federal Department of Housing
and Urban Development or the federal Equal Employment
Opportunity Commission concerning a complaint that has been filed
with one (1) of these federal agencies and with the commission. The
commission shall adopt by rule standards under which the
commission may issue such an order.
(r) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation
of the complaint and may not conduct hearings or issue findings of
fact 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 goodwill
among such groups, the commission, in cooperation with the state
department of education and the universities and colleges of the
state, and such other universities and colleges as are willing to
cooperate, is directed to prepare a comprehensive educational
program, designed to emphasize the origin of prejudice against such
minority groups, its harmful effects, its incompatibility with
American principles of equality and fair play, and violation of the
brotherhood 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 shall
be secretary of the commission and chief administrative officer for
the commission. The director shall devote his entire time and effort
to the administration of the provisions of this chapter and shall not
engage in or have any interest in any business or activity which may
create a conflict of interest. The salary of the director shall be fixed
by 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 before
entering upon the discharge of their official duties shall each take
and subscribe to an oath of office which shall be endorsed upon their
respective 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 or
civil subdivisions is a party, including franchises granted to public
utilities, shall contain a provision requiring the contractor and his
subcontractors not to discriminate against any employee or applicant
for employment to be employed in the performance of such contract,
with respect to his hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to
employment, because of his race, religion, color, sex, disability,
national origin, or ancestry. Breach of this covenant may be regarded
as a material breach of the contract. (Formerly: Acts 1961, c.208, s.10; Acts 1971, P.L.357, SEC.7; Acts
1975, 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 discriminatory
practices referred to in this chapter, the commission may receive
written complaints of violation of this chapter or other discriminatory
practices based upon race, religion, color, sex, national origin, or
ancestry and to investigate such complaints as it deems meritorious,
or to conduct such investigation in the absence of complaints
whenever it deems it in the public interest. It may transmit to the
general assembly its recommendations for legislation designed to aid
in the removing of such discrimination. (Formerly: Acts 1961, c.208, s.11; Acts 1974, P.L.111, SEC.3.) As
amended 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; exclusive
jurisdiction; 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 this
section:
(A) every other instrumentality of the state, every hospital,
every penal institution, and every other institutional
enterprise 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 and
children, cities, towns, townships, school corporations (as defined in
IC 20-18-2-16), or other municipal corporations, political
subdivisions, or units of local government.
(b) Any city, town, or county is hereby authorized to adopt an
ordinance or ordinances, which may include establishment or
designation of an appropriate local commission, office, or agency to
effectuate within its territorial jurisdiction the public policy of the
state as declared in section 2 of this chapter without conflict with any
of the provisions of this chapter. Any city or town may adopt such an
ordinance or ordinances jointly with any other city or town located
in the same county or jointly with that county. A city ordinance that
establishes a local commission may provide that the members of the
commission are to be appointed solely by the city executive or solely
by the city legislative body or may provide for a combination of
appointments by the city executive and the city legislative body. The
board of commissioners of each county is also authorized to adopt
ordinances in accordance with this section. An agency established or
designated under this section has no jurisdiction over the state or any
of its agencies.
(c) An ordinance adopted under this section may grant to the local
agency the power to:
(1) investigate, conciliate, and hear complaints;
(2) subpoena and compel the attendance of witnesses or
production 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 remedial
action;
(8) order payment of actual damages, except that damages to be
paid as a result of discriminatory practices relating to
employment shall be limited to lost wages, salaries,
commissions, or fringe benefits;
(9) institute actions for appropriate legal or equitable relief in
a 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 a
complaint may participate as a member of the agency in the
hearing or disposition of the complaint; and
(13) conduct programs and activities to carry out the public
policy 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 may
not also file a complaint with the civil rights commission concerning
any of the matters alleged in such complaint, and any person who
files a complaint with the civil rights commission may not also file
a complaint with any local agency concerning any of the matters
alleged in such complaint. Any complaint filed with the commission
may be transferred by the commission to any local agency having
jurisdiction. The local agency shall proceed to act on the complaint
as if it had been originally filed with the local agency as of the date
that the complaint was filed with the commission. Any complaint
filed with a local agency may be transferred by the local agency to
the commission if the commission has jurisdiction. The commission
shall proceed to act on the complaint as if it had been originally filed
with the commission as of the date that the complaint was filed with
the local agency. Nothing in this subsection shall affect such person's
right to pursue any and all other rights and remedies available in any
other state or federal forum.
(e) A decision of the local agency may be appealed under the
terms 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 employment
because of disability does not apply to failure of an employer to
employ or to retain as an employee any person who because of a
disability is physically or otherwise unable to efficiently and safely
perform, at the standards set by the employer, the duties required in
that job.
(b) After a person with a disability is employed, the employer
shall not be required under this chapter to promote or transfer such
person with a disability to another job or occupation, unless, prior to
such transfer, such person with a disability by training or experience
is qualified for such job or occupation.
(c) This section shall not be construed to require any employer to
modify any physical accommodations or administrative procedures
to 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 the
claims that are the basis for a finding of probable cause decided in a
civil action as provided by section 17 of this chapter. However, both
the respondent and the complainant must agree in writing to have the
claims decided in a court of law. The agreement must be on a form
provided by the commission.
(b) The election may not be made if the commission has begun a
hearing on the record under this chapter with regard to a finding of
probable 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 this
chapter, the complainant may file a civil action in a circuit or
superior court having jurisdiction in the county in which a
discriminatory practice allegedly occurred.
(b) If the court finds that a discriminatory practice has occurred
the 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 the
court 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 of
this 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 a
hearing under this section.
(c) A proceeding under this section may not continue regarding an
alleged discriminatory practice after the filing of a civil action.
(d) IC 22-9-8 governs appeal of a final order issued under this
section. As added by P.L.14-1994, SEC.6.
IC 22-9-1-1 Title of chapter
Sec. 1. IC 1971, 22-9-1 shall be known as the Indiana Civil Rights
Law. (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 its
citizens equal opportunity for education, employment, access to
public conveniences and accommodations, and acquisition through
purchase or rental of real property, including but not limited to
housing, and to eliminate segregation or separation based solely on
race, religion, color, sex, disability, national origin or ancestry, since
such segregation is an impediment to equal opportunity. Equal
education and employment opportunities and equal access to and use
of public accommodations and equal opportunity for acquisition of
real property are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualified
persons by reason of the race, religion, color, sex, disability, national
origin, or ancestry of such person is contrary to the principles of
freedom and equality of opportunity and is a burden to the objectives
of the public policy of this state and shall be considered as
discriminatory practices. The promotion of equal opportunity without
regard to race, religion, color, sex, disability, national origin, or
ancestry 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, real
estate brokers, builders, and lending institutions from unfounded
charges of discrimination.
(d) It is hereby declared to be contrary to the public policy of the
state and an unlawful practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the
neighborhood 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 traditionally
following the practice of limiting admission of students to males or
to females. It is further recognized that it would be unreasonable to
impose upon these institutions the expense of remodeling facilities
to accommodate students of both sexes, and that educational
facilities of similar quality and type are available in coeducational
institutions for those students desiring such facilities. It is further
recognized that this chapter is susceptible of interpretation to prevent
these institutions from continuing their traditional policies, a result
not intended by the general assembly. Therefore, the amendment
effected by Acts 1972, P.L.176, is desirable to permit the
continuation of the policies described.
(f) This chapter shall be construed broadly to effectuate its
purpose. (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 by
P.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 of
persons.
(b) "Commission" means the civil rights commission created
under 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 rights
commission.
(e) "Commission attorney" means the deputy attorney general,
such assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
(f) "Consent agreement" means a formal agreement entered into
in lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil
rights law.
(h) "Employer" means the state or any political or civil
subdivision thereof and any person employing six (6) or more
persons within the state, except that the term "employer" does not
include:
(1) any nonprofit corporation or association organized
exclusively for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
institution; or
(3) any exclusively social club, corporation, or association that
is not organized for profit.
(i) "Employee" means any person employed by another for wages
or salary. However, the term does not include any individual
employed:
(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 the
purpose in whole or in part of collective bargaining or of dealing
with employers concerning grievances, terms, or conditions of
employment or for other mutual aid or protection in relation to
employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because
of race, religion, color, sex, disability, national origin, or
ancestry;
(2) a system that excludes persons from equal opportunities
because of race, religion, color, sex, disability, national origin,
or ancestry;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, disability, national origin, or ancestry;
or
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and
is committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale of
real estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301.5) shall be
considered unlawful unless it is specifically exempted by this
chapter.
(m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on the individual's own behalf to
have been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission charging
that a discriminatory practice was committed against a person
other than himself or a class of people, in order to vindicate the
public policy of the state (as defined in section 2 of this
chapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with the
commission; or
(2) filed by a complainant as a civil action in the circuit or
superior court having jurisdiction in the county in which the
alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed 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 of
particulars thereof;
(4) the date or dates and places of the alleged discriminatory
practice and if the alleged discriminatory practice is of a
continuing nature the dates between which continuing acts of
discrimination 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 grievance
alleged in the complaint, together with a statement as to the
status 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 alleged
discriminatory practice.
(q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public
accommodations, and housing. However:
(1) it shall not be a discriminatory practice to maintain separate
restrooms;
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for
a labor organization to classify its membership or to classify or
refer for employment any individual, or for an employer, labor
organization, or joint labor management committee controlling
apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of
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; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental
condition of a person that constitutes a substantial disability. In
reference to employment, under this chapter, "disabled or disability"
also means 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. (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; Acts
1972, 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 whom
shall be members of the same political party, to be appointed by the
governor. In making such appointments, the governor shall take into
consideration all interests in the community including but not limited
to 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 the
commission.
(c) Successors to all members of the commission shall be
appointed for terms of four (4) years, excepting when appointed to
fill a vacancy, in which case such appointment shall be for the
unexpired term.
(d) Members of the commission may be removed by the governor
for cause but for no other reason.
(e) The members of the commission shall be paid per diem and
travel expenses and other necessary and reasonable expenses for
attendance 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 within
thirty (30) days after the effective date of IC 1971 22-9-1 and the
first meeting thereof shall be called by the member first appointed
within sixty (60) days after the effective date of IC 1971, 22-9-1.
At its first meeting and at each annual meeting held thereafter, the
Commission shall organize by the election of a chairman and vice
chairman from its membership, each of whom, except those first
elected, shall serve for a term of one (1) year and until his successor
is 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 a
permanent office in the city of Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their
compensation within the limitation provided by law, and prescribe
their duties. All these employees, with the exception of the executive
director and attorneys, shall be appointed by the commission from
eligible lists to be promulgated by the department of personnel as the
result of a competitive examination held under IC 4-15-2 and rules
of the department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of his
academic training. Promotions, suspensions, and removal of persons
appointed from such lists shall be in accordance with IC 4-15-2. The
reasonable and necessary traveling expenses of each employee of the
commission while actually engaged in the performance of duties in
behalf of the commission shall be paid in accordance with the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission may
adopt rules under IC 4-22-2 to implement this chapter.
(d) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions,
authorities, boards, bureaus, agencies, and officers of the state or any
political subdivision or agency thereof shall furnish the commission,
upon its request, all records, papers, and information in their
possession relating to any matter before the commission.
(e) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of
complaints shall be conducted by staff members of the civil rights
commission or their agents.
(f) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating
the purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 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 will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in
general. Advisory agencies and conciliation councils created by the
commission shall be composed of representative citizens serving
without pay, but with reimbursement for reasonable and necessary
actual expenses.
(g) The commission may issue such publications and such results
of investigations and research as in its judgment will tend to promote
good 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 person
because he filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter
under its investigation.
(i) The commission may hold hearings, subpoena witnesses,
compel their attendance, administer oaths, take the testimony of any
person under oath, and require the production for examination of any
books and papers relating to any matter under investigation or in
question before the commission. The commission may make rules as
to the issuance of subpoenas by individual commissioners.
Contumacy or refusal to obey a subpoena issued under this section
shall constitute a contempt. All hearings shall be held within Indiana
at a location determined by the commission. A citation of contempt
may be issued upon application by the commission to the circuit or
superior court in the county in which the hearing is held or in which
the witness resides or transacts business.
(j) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by
a majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers
and 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 hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an
order requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative 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 of
discriminatory treatment, as the commission may deem
necessary to assure justice; however, this specific provision
when applied to orders pertaining to employment shall include
only wages, salary, or commissions;
(B) to require the posting of notice setting forth the public
policy of Indiana concerning civil rights and respondent's
compliance with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why his
license should not be revoked or suspended.
(l) Judicial review of a cease and desist order or other affirmative
action 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 been
made by the commission, the commission, if it determines that the
person upon whom the cease and desist order has been served is not
complying or is making no effort to comply, may obtain a decree of
a court for the enforcement of the order in circuit or superior court
upon showing that the person is subject to the commission's
jurisdiction and resides or transacts business within the county in
which 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 this
chapter, the commission shall state its findings of facts and shall
issue and cause to be served on the complainant an order dismissing
the complaint as to the person.
(n) The commission may furnish technical assistance requested by
persons subject to this chapter to further compliance with this
chapter or with an order issued thereunder.
(o) The commission shall promote the creation of local civil rights
agencies 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 agreed
to by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and
desist order issued under subsection (k). If the commission
determines that a party to the consent agreement is not complying
with it, the commission may obtain enforcement of the consent
agreement in a circuit or superior court upon showing that the party
is not complying with the consent agreement and the party is subject
to the commission's jurisdiction and resides or transacts business
within the county in which the petition for enforcement is brought.
(q) In lieu of investigating a complaint and holding a hearing
under this section, the commission may issue an order based on
findings and determinations by the federal Department of Housing
and Urban Development or the federal Equal Employment
Opportunity Commission concerning a complaint that has been filed
with one (1) of these federal agencies and with the commission. The
commission shall adopt by rule standards under which the
commission may issue such an order.
(r) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation
of the complaint and may not conduct hearings or issue findings of
fact 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 goodwill
among such groups, the commission, in cooperation with the state
department of education and the universities and colleges of the
state, and such other universities and colleges as are willing to
cooperate, is directed to prepare a comprehensive educational
program, designed to emphasize the origin of prejudice against such
minority groups, its harmful effects, its incompatibility with
American principles of equality and fair play, and violation of the
brotherhood 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 shall
be secretary of the commission and chief administrative officer for
the commission. The director shall devote his entire time and effort
to the administration of the provisions of this chapter and shall not
engage in or have any interest in any business or activity which may
create a conflict of interest. The salary of the director shall be fixed
by 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 before
entering upon the discharge of their official duties shall each take
and subscribe to an oath of office which shall be endorsed upon their
respective 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 or
civil subdivisions is a party, including franchises granted to public
utilities, shall contain a provision requiring the contractor and his
subcontractors not to discriminate against any employee or applicant
for employment to be employed in the performance of such contract,
with respect to his hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to
employment, because of his race, religion, color, sex, disability,
national origin, or ancestry. Breach of this covenant may be regarded
as a material breach of the contract. (Formerly: Acts 1961, c.208, s.10; Acts 1971, P.L.357, SEC.7; Acts
1975, 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 discriminatory
practices referred to in this chapter, the commission may receive
written complaints of violation of this chapter or other discriminatory
practices based upon race, religion, color, sex, national origin, or
ancestry and to investigate such complaints as it deems meritorious,
or to conduct such investigation in the absence of complaints
whenever it deems it in the public interest. It may transmit to the
general assembly its recommendations for legislation designed to aid
in the removing of such discrimination. (Formerly: Acts 1961, c.208, s.11; Acts 1974, P.L.111, SEC.3.) As
amended 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; exclusive
jurisdiction; 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 this
section:
(A) every other instrumentality of the state, every hospital,
every penal institution, and every other institutional
enterprise 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 and
children, cities, towns, townships, school corporations (as defined in
IC 20-18-2-16), or other municipal corporations, political
subdivisions, or units of local government.
(b) Any city, town, or county is hereby authorized to adopt an
ordinance or ordinances, which may include establishment or
designation of an appropriate local commission, office, or agency to
effectuate within its territorial jurisdiction the public policy of the
state as declared in section 2 of this chapter without conflict with any
of the provisions of this chapter. Any city or town may adopt such an
ordinance or ordinances jointly with any other city or town located
in the same county or jointly with that county. A city ordinance that
establishes a local commission may provide that the members of the
commission are to be appointed solely by the city executive or solely
by the city legislative body or may provide for a combination of
appointments by the city executive and the city legislative body. The
board of commissioners of each county is also authorized to adopt
ordinances in accordance with this section. An agency established or
designated under this section has no jurisdiction over the state or any
of its agencies.
(c) An ordinance adopted under this section may grant to the local
agency the power to:
(1) investigate, conciliate, and hear complaints;
(2) subpoena and compel the attendance of witnesses or
production 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 remedial
action;
(8) order payment of actual damages, except that damages to be
paid as a result of discriminatory practices relating to
employment shall be limited to lost wages, salaries,
commissions, or fringe benefits;
(9) institute actions for appropriate legal or equitable relief in
a 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 a
complaint may participate as a member of the agency in the
hearing or disposition of the complaint; and
(13) conduct programs and activities to carry out the public
policy 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 may
not also file a complaint with the civil rights commission concerning
any of the matters alleged in such complaint, and any person who
files a complaint with the civil rights commission may not also file
a complaint with any local agency concerning any of the matters
alleged in such complaint. Any complaint filed with the commission
may be transferred by the commission to any local agency having
jurisdiction. The local agency shall proceed to act on the complaint
as if it had been originally filed with the local agency as of the date
that the complaint was filed with the commission. Any complaint
filed with a local agency may be transferred by the local agency to
the commission if the commission has jurisdiction. The commission
shall proceed to act on the complaint as if it had been originally filed
with the commission as of the date that the complaint was filed with
the local agency. Nothing in this subsection shall affect such person's
right to pursue any and all other rights and remedies available in any
other state or federal forum.
(e) A decision of the local agency may be appealed under the
terms 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 employment
because of disability does not apply to failure of an employer to
employ or to retain as an employee any person who because of a
disability is physically or otherwise unable to efficiently and safely
perform, at the standards set by the employer, the duties required in
that job.
(b) After a person with a disability is employed, the employer
shall not be required under this chapter to promote or transfer such
person with a disability to another job or occupation, unless, prior to
such transfer, such person with a disability by training or experience
is qualified for such job or occupation.
(c) This section shall not be construed to require any employer to
modify any physical accommodations or administrative procedures
to 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 the
claims that are the basis for a finding of probable cause decided in a
civil action as provided by section 17 of this chapter. However, both
the respondent and the complainant must agree in writing to have the
claims decided in a court of law. The agreement must be on a form
provided by the commission.
(b) The election may not be made if the commission has begun a
hearing on the record under this chapter with regard to a finding of
probable 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 this
chapter, the complainant may file a civil action in a circuit or
superior court having jurisdiction in the county in which a
discriminatory practice allegedly occurred.
(b) If the court finds that a discriminatory practice has occurred
the 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 the
court 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 of
this 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 a
hearing under this section.
(c) A proceeding under this section may not continue regarding an
alleged discriminatory practice after the filing of a civil action.
(d) IC 22-9-8 governs appeal of a final order issued under this
section. As added by P.L.14-1994, SEC.6.
IC 22-9-1-1 Title of chapter
Sec. 1. IC 1971, 22-9-1 shall be known as the Indiana Civil Rights
Law. (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 its
citizens equal opportunity for education, employment, access to
public conveniences and accommodations, and acquisition through
purchase or rental of real property, including but not limited to
housing, and to eliminate segregation or separation based solely on
race, religion, color, sex, disability, national origin or ancestry, since
such segregation is an impediment to equal opportunity. Equal
education and employment opportunities and equal access to and use
of public accommodations and equal opportunity for acquisition of
real property are hereby declared to be civil rights.
(b) The practice of denying these rights to properly qualified
persons by reason of the race, religion, color, sex, disability, national
origin, or ancestry of such person is contrary to the principles of
freedom and equality of opportunity and is a burden to the objectives
of the public policy of this state and shall be considered as
discriminatory practices. The promotion of equal opportunity without
regard to race, religion, color, sex, disability, national origin, or
ancestry 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, real
estate brokers, builders, and lending institutions from unfounded
charges of discrimination.
(d) It is hereby declared to be contrary to the public policy of the
state and an unlawful practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any dwelling by
representations regarding the entry or prospective entry into the
neighborhood 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 traditionally
following the practice of limiting admission of students to males or
to females. It is further recognized that it would be unreasonable to
impose upon these institutions the expense of remodeling facilities
to accommodate students of both sexes, and that educational
facilities of similar quality and type are available in coeducational
institutions for those students desiring such facilities. It is further
recognized that this chapter is susceptible of interpretation to prevent
these institutions from continuing their traditional policies, a result
not intended by the general assembly. Therefore, the amendment
effected by Acts 1972, P.L.176, is desirable to permit the
continuation of the policies described.
(f) This chapter shall be construed broadly to effectuate its
purpose. (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 by
P.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 of
persons.
(b) "Commission" means the civil rights commission created
under 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 rights
commission.
(e) "Commission attorney" means the deputy attorney general,
such assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
(f) "Consent agreement" means a formal agreement entered into
in lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil
rights law.
(h) "Employer" means the state or any political or civil
subdivision thereof and any person employing six (6) or more
persons within the state, except that the term "employer" does not
include:
(1) any nonprofit corporation or association organized
exclusively for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
institution; or
(3) any exclusively social club, corporation, or association that
is not organized for profit.
(i) "Employee" means any person employed by another for wages
or salary. However, the term does not include any individual
employed:
(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 the
purpose in whole or in part of collective bargaining or of dealing
with employers concerning grievances, terms, or conditions of
employment or for other mutual aid or protection in relation to
employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because
of race, religion, color, sex, disability, national origin, or
ancestry;
(2) a system that excludes persons from equal opportunities
because of race, religion, color, sex, disability, national origin,
or ancestry;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, disability, national origin, or ancestry;
or
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and
is committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale of
real estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301.5) shall be
considered unlawful unless it is specifically exempted by this
chapter.
(m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on the individual's own behalf to
have been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission charging
that a discriminatory practice was committed against a person
other than himself or a class of people, in order to vindicate the
public policy of the state (as defined in section 2 of this
chapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with the
commission; or
(2) filed by a complainant as a civil action in the circuit or
superior court having jurisdiction in the county in which the
alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed 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 of
particulars thereof;
(4) the date or dates and places of the alleged discriminatory
practice and if the alleged discriminatory practice is of a
continuing nature the dates between which continuing acts of
discrimination 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 grievance
alleged in the complaint, together with a statement as to the
status 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 alleged
discriminatory practice.
(q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public
accommodations, and housing. However:
(1) it shall not be a discriminatory practice to maintain separate
restrooms;
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for
a labor organization to classify its membership or to classify or
refer for employment any individual, or for an employer, labor
organization, or joint labor management committee controlling
apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of
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; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental
condition of a person that constitutes a substantial disability. In
reference to employment, under this chapter, "disabled or disability"
also means 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. (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; Acts
1972, 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 whom
shall be members of the same political party, to be appointed by the
governor. In making such appointments, the governor shall take into
consideration all interests in the community including but not limited
to 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 the
commission.
(c) Successors to all members of the commission shall be
appointed for terms of four (4) years, excepting when appointed to
fill a vacancy, in which case such appointment shall be for the
unexpired term.
(d) Members of the commission may be removed by the governor
for cause but for no other reason.
(e) The members of the commission shall be paid per diem and
travel expenses and other necessary and reasonable expenses for
attendance 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 within
thirty (30) days after the effective date of IC 1971 22-9-1 and the
first meeting thereof shall be called by the member first appointed
within sixty (60) days after the effective date of IC 1971, 22-9-1.
At its first meeting and at each annual meeting held thereafter, the
Commission shall organize by the election of a chairman and vice
chairman from its membership, each of whom, except those first
elected, shall serve for a term of one (1) year and until his successor
is 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 a
permanent office in the city of Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their
compensation within the limitation provided by law, and prescribe
their duties. All these employees, with the exception of the executive
director and attorneys, shall be appointed by the commission from
eligible lists to be promulgated by the department of personnel as the
result of a competitive examination held under IC 4-15-2 and rules
of the department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of his
academic training. Promotions, suspensions, and removal of persons
appointed from such lists shall be in accordance with IC 4-15-2. The
reasonable and necessary traveling expenses of each employee of the
commission while actually engaged in the performance of duties in
behalf of the commission shall be paid in accordance with the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(c) Except as it concerns judicial review, the commission may
adopt rules under IC 4-22-2 to implement this chapter.
(d) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions,
authorities, boards, bureaus, agencies, and officers of the state or any
political subdivision or agency thereof shall furnish the commission,
upon its request, all records, papers, and information in their
possession relating to any matter before the commission.
(e) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of
complaints shall be conducted by staff members of the civil rights
commission or their agents.
(f) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating
the purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 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 will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in
general. Advisory agencies and conciliation councils created by the
commission shall be composed of representative citizens serving
without pay, but with reimbursement for reasonable and necessary
actual expenses.
(g) The commission may issue such publications and such results
of investigations and research as in its judgment will tend to promote
good 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 person
because he filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter
under its investigation.
(i) The commission may hold hearings, subpoena witnesses,
compel their attendance, administer oaths, take the testimony of any
person under oath, and require the production for examination of any
books and papers relating to any matter under investigation or in
question before the commission. The commission may make rules as
to the issuance of subpoenas by individual commissioners.
Contumacy or refusal to obey a subpoena issued under this section
shall constitute a contempt. All hearings shall be held within Indiana
at a location determined by the commission. A citation of contempt
may be issued upon application by the commission to the circuit or
superior court in the county in which the hearing is held or in which
the witness resides or transacts business.
(j) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by
a majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers
and 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 hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an
order requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative 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 of
discriminatory treatment, as the commission may deem
necessary to assure justice; however, this specific provision
when applied to orders pertaining to employment shall include
only wages, salary, or commissions;
(B) to require the posting of notice setting forth the public
policy of Indiana concerning civil rights and respondent's
compliance with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why his
license should not be revoked or suspended.
(l) Judicial review of a cease and desist order or other affirmative
action 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 been
made by the commission, the commission, if it determines that the
person upon whom the cease and desist order has been served is not
complying or is making no effort to comply, may obtain a decree of
a court for the enforcement of the order in circuit or superior court
upon showing that the person is subject to the commission's
jurisdiction and resides or transacts business within the county in
which 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 this
chapter, the commission shall state its findings of facts and shall
issue and cause to be served on the complainant an order dismissing
the complaint as to the person.
(n) The commission may furnish technical assistance requested by
persons subject to this chapter to further compliance with this
chapter or with an order issued thereunder.
(o) The commission shall promote the creation of local civil rights
agencies 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 agreed
to by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and
desist order issued under subsection (k). If the commission
determines that a party to the consent agreement is not complying
with it, the commission may obtain enforcement of the consent
agreement in a circuit or superior court upon showing that the party
is not complying with the consent agreement and the party is subject
to the commission's jurisdiction and resides or transacts business
within the county in which the petition for enforcement is brought.
(q) In lieu of investigating a complaint and holding a hearing
under this section, the commission may issue an order based on
findings and determinations by the federal Department of Housing
and Urban Development or the federal Equal Employment
Opportunity Commission concerning a complaint that has been filed
with one (1) of these federal agencies and with the commission. The
commission shall adopt by rule standards under which the
commission may issue such an order.
(r) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation
of the complaint and may not conduct hearings or issue findings of
fact 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 goodwill
among such groups, the commission, in cooperation with the state
department of education and the universities and colleges of the
state, and such other universities and colleges as are willing to
cooperate, is directed to prepare a comprehensive educational
program, designed to emphasize the origin of prejudice against such
minority groups, its harmful effects, its incompatibility with
American principles of equality and fair play, and violation of the
brotherhood 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 shall
be secretary of the commission and chief administrative officer for
the commission. The director shall devote his entire time and effort
to the administration of the provisions of this chapter and shall not
engage in or have any interest in any business or activity which may
create a conflict of interest. The salary of the director shall be fixed
by 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 before
entering upon the discharge of their official duties shall each take
and subscribe to an oath of office which shall be endorsed upon their
respective 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 or
civil subdivisions is a party, including franchises granted to public
utilities, shall contain a provision requiring the contractor and his
subcontractors not to discriminate against any employee or applicant
for employment to be employed in the performance of such contract,
with respect to his hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to
employment, because of his race, religion, color, sex, disability,
national origin, or ancestry. Breach of this covenant may be regarded
as a material breach of the contract. (Formerly: Acts 1961, c.208, s.10; Acts 1971, P.L.357, SEC.7; Acts
1975, 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 discriminatory
practices referred to in this chapter, the commission may receive
written complaints of violation of this chapter or other discriminatory
practices based upon race, religion, color, sex, national origin, or
ancestry and to investigate such complaints as it deems meritorious,
or to conduct such investigation in the absence of complaints
whenever it deems it in the public interest. It may transmit to the
general assembly its recommendations for legislation designed to aid
in the removing of such discrimination. (Formerly: Acts 1961, c.208, s.11; Acts 1974, P.L.111, SEC.3.) As
amended 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; exclusive
jurisdiction; 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 this
section:
(A) every other instrumentality of the state, every hospital,
every penal institution, and every other institutional
enterprise 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 and
children, cities, towns, townships, school corporations (as defined in
IC 20-18-2-16), or other municipal corporations, political
subdivisions, or units of local government.
(b) Any city, town, or county is hereby authorized to adopt an
ordinance or ordinances, which may include establishment or
designation of an appropriate local commission, office, or agency to
effectuate within its territorial jurisdiction the public policy of the
state as declared in section 2 of this chapter without conflict with any
of the provisions of this chapter. Any city or town may adopt such an
ordinance or ordinances jointly with any other city or town located
in the same county or jointly with that county. A city ordinance that
establishes a local commission may provide that the members of the
commission are to be appointed solely by the city executive or solely
by the city legislative body or may provide for a combination of
appointments by the city executive and the city legislative body. The
board of commissioners of each county is also authorized to adopt
ordinances in accordance with this section. An agency established or
designated under this section has no jurisdiction over the state or any
of its agencies.
(c) An ordinance adopted under this section may grant to the local
agency the power to:
(1) investigate, conciliate, and hear complaints;
(2) subpoena and compel the attendance of witnesses or
production 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 remedial
action;
(8) order payment of actual damages, except that damages to be
paid as a result of discriminatory practices relating to
employment shall be limited to lost wages, salaries,
commissions, or fringe benefits;
(9) institute actions for appropriate legal or equitable relief in
a 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 a
complaint may participate as a member of the agency in the
hearing or disposition of the complaint; and
(13) conduct programs and activities to carry out the public
policy 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 may
not also file a complaint with the civil rights commission concerning
any of the matters alleged in such complaint, and any person who
files a complaint with the civil rights commission may not also file
a complaint with any local agency concerning any of the matters
alleged in such complaint. Any complaint filed with the commission
may be transferred by the commission to any local agency having
jurisdiction. The local agency shall proceed to act on the complaint
as if it had been originally filed with the local agency as of the date
that the complaint was filed with the commission. Any complaint
filed with a local agency may be transferred by the local agency to
the commission if the commission has jurisdiction. The commission
shall proceed to act on the complaint as if it had been originally filed
with the commission as of the date that the complaint was filed with
the local agency. Nothing in this subsection shall affect such person's
right to pursue any and all other rights and remedies available in any
other state or federal forum.
(e) A decision of the local agency may be appealed under the
terms 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 employment
because of disability does not apply to failure of an employer to
employ or to retain as an employee any person who because of a
disability is physically or otherwise unable to efficiently and safely
perform, at the standards set by the employer, the duties required in
that job.
(b) After a person with a disability is employed, the employer
shall not be required under this chapter to promote or transfer such
person with a disability to another job or occupation, unless, prior to
such transfer, such person with a disability by training or experience
is qualified for such job or occupation.
(c) This section shall not be construed to require any employer to
modify any physical accommodations or administrative procedures
to 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 the
claims that are the basis for a finding of probable cause decided in a
civil action as provided by section 17 of this chapter. However, both
the respondent and the complainant must agree in writing to have the
claims decided in a court of law. The agreement must be on a form
provided by the commission.
(b) The election may not be made if the commission has begun a
hearing on the record under this chapter with regard to a finding of
probable 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 this
chapter, the complainant may file a civil action in a circuit or
superior court having jurisdiction in the county in which a
discriminatory practice allegedly occurred.
(b) If the court finds that a discriminatory practice has occurred
the 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 the
court 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 of
this 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 a
hearing under this section.
(c) A proceeding under this section may not continue regarding an
alleged discriminatory practice after the filing of a civil action.
(d) IC 22-9-8 governs appeal of a final order issued under this
section. As added by P.L.14-1994, SEC.6.
