Cecily Zamora
Indiana has a range of anti-discrimination laws in place, covering areas such as employment, housing, and public accommodations. Indiana's anti-discrimination laws are enforced by the Indiana Civil Rights Commission, which aims to protect individuals from discrimination based on factors such as disability, national origin, race, religion, and gender. While Indiana's laws provide protections for its citizens, they have also been the subject of controversy, particularly in relation to LGBTQ+ rights, where Indiana's laws have been criticised for not explicitly including sexual orientation and gender identity as protected characteristics.
| Characteristics | Values |
|---|---|
| Disability | Protected by Indiana Civil Rights Laws & Regulations |
| National origin | Protected by Indiana employment discrimination law |
| Ancestry | Protected by Indiana employment discrimination law |
| Race | Protected by Indiana employment discrimination law |
| Color | Protected by Indiana employment discrimination law |
| Religion | Protected by Indiana employment discrimination law |
| Gender | Protected by Indiana employment discrimination law |
| Veteran status | Protected by Indiana employment discrimination law |
| Sexual orientation | Not protected by Indiana state statutes, but covered by federal law |
| Gender identity | Not protected by Indiana state statutes, but covered by federal law |
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What You'll Learn
LGBTQ+ rights
Indiana's LGBTQ+ rights have evolved significantly over the years, progressing from harsh penalties to the decriminalization of same-sex activity and the legalization of same-sex marriage. While the state has made strides towards equality, there are still gaps in anti-discrimination protections for the LGBTQ+ community.
Same-sex sexual activity was decriminalized in Indiana in 1976 or 1977, marking a significant shift away from earlier severe penalties, including the death penalty for sodomy. In terms of relationship recognition, same-sex marriage has been legal in Indiana since 2014 or 2015 following the U.S. Supreme Court's refusal to consider an appeal in Baskin v. Bogan. This progress, however, was preceded by attempts to define marriage as exclusively between a man and a woman through constitutional amendments.
Despite these advancements, Indiana does not have a comprehensive statewide law that explicitly prohibits discrimination based on sexual orientation and gender identity in areas such as employment, housing, and public accommodations. This gap in state legislation leaves LGBTQ+ individuals vulnerable to discrimination in various aspects of their lives. Some local communities have taken it upon themselves to enact ordinances prohibiting discrimination against LGBTQ+ individuals, but these protections are not uniform across the state.
In the absence of statewide protections, LGBTQ+ individuals in Indiana face potential discrimination in employment. While some local governments and private employers have adopted non-discrimination policies, surveys and court cases reveal persistent discrimination against LGBTQ+ workers. The lack of explicit inclusion of sexual orientation and gender identity in the state's non-discrimination laws contributes to this issue.
Additionally, Indiana does not offer legal protections against discrimination in healthcare and health insurance based on sexual orientation and gender identity, which can have detrimental consequences for the LGBTQ+ community. The state also permits censorship or prohibition of discussing LGBTQ+ topics in media, schools, and the public sphere.
Despite these challenges, there is a growing movement for LGBTQ+ rights in Indiana. Public opinion polls indicate strong support for anti-discrimination laws covering sexual orientation and gender identity, with a majority opposing religious-based refusals to serve LGBTQ+ individuals. Efforts by organizations like Dyer, Garofalo, Mann & Schultz to defend LGBTQ+ rights and represent those facing discrimination also reflect a commitment to advancing equality in the state.
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Employment discrimination
Indiana's employment discrimination laws prohibit discrimination based on disability, national origin, ancestry, race, colour, religion, gender, and status as a veteran. However, these laws only apply to employers with six or more employees. To file a complaint, individuals must contact the Indiana Civil Rights Commission within 180 days of the discriminatory act. The Commission enforces Indiana's Civil Rights Law, which can be found in Title 22, Article 9 of the Indiana Code.
Federal employment discrimination laws also protect Indiana employees and applicants from discrimination, harassment, and retaliation in the workplace. These laws are enforced by the Equal Employment Opportunity Commission, and individuals must file a Charge of Discrimination within 300 days of the alleged incident.
Indiana's state statutes do not include sexual orientation or gender identity among its categories of discrimination. However, a federal court ruling in April 2017 established that discrimination based on sexual orientation is a form of discrimination on the basis of "sex" as defined by the Civil Rights Act of 1964. This ruling protects LGBTQ+ individuals from unfair discrimination in the workplace, despite the lack of explicit protection under state law.
In addition to federal and state laws, some cities and municipalities in Indiana have their own employment discrimination ordinances. For example, Indianapolis has established domestic partnerships for all city and county employees, regardless of marital status.
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Civil Rights Enforcement
Indiana's civil rights laws prohibit discrimination based on disability, national origin, ancestry, race, colour, religion, gender, and status as a veteran. The Indiana Civil Rights Commission is responsible for enforcing these laws and handles complaints of employment discrimination, which must be filed within 180 days of the incident.
Indiana's laws also address age discrimination and equal access to housing for persons with disabilities. The state has taken steps towards protecting the rights of LGBTQ+ individuals, with same-sex marriages recognised since 2014 and a 2017 federal court ruling that discrimination based on sexual orientation is a form of discrimination under the Civil Rights Act of 1964. However, Indiana's statutes do not explicitly include sexual orientation or gender identity as protected categories.
In 2004, Governor Joe Kernan issued an executive order protecting state employees from discrimination based on sexual orientation and gender identity, which was reinforced by Governor Mitch Daniels in 2005. Additionally, Indiana passed a hate crime law in 2019, allowing judges to impose harsher sentences for crimes motivated by bias, including those based on sexual orientation.
Federal employment discrimination laws also apply in Indiana, providing protections against discrimination, harassment, and retaliation in the workplace. These laws cover a range of characteristics, including race, colour, religion, and gender. To enforce their rights under federal law, employees must typically file a Charge of Discrimination with the Equal Employment Opportunity Commission within 300 days of the alleged incident.
Indiana's civil rights laws are found in Title 22, Article 9 of the Indiana Code, with relevant chapters addressing employment discrimination. It is important to refer to the most current version of these statutes and be aware of any proposed legislation that may impact them.
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Housing discrimination
Indiana residents are protected by law from housing discrimination based on race, colour, national origin, religion, sex, familial status (having children under 18), and disability. The Indiana Civil Rights Commission (ICRC) enforces these protections and addresses complaints related to discrimination. The ICRC also provides resources and support for individuals who believe they have faced discrimination and offers guidance to landlords and property managers to prevent instances of unequal treatment.
The Americans with Disabilities Act (ADA) and the Fair Housing Act are federal laws that work to prevent housing discrimination based on disability. The ADA, established in 1990, focuses on eliminating barriers for individuals with disabilities and ensures that public spaces, including housing, are accessible. The Fair Housing Act prohibits discrimination in housing based on race, colour, religion, sex, disability, familial status, and national origin. Indiana state law adds further protection by including ancestry as a protected characteristic.
In Indianapolis, housing discrimination protections are designed to ensure equal opportunities for all residents. Compliance and enforcement in housing involve ensuring that property managers and real estate agents adhere to laws while addressing eviction and tenancy issues. These roles are vital in safeguarding the rights of tenants, particularly those with disabilities.
If individuals believe they have experienced housing discrimination, they can contact the U.S. Department of Housing and Urban Development (HUD) or the Indiana Civil Rights Commission (ICRC) within one year of the alleged act of discrimination. It is recommended to document complaints by jotting down names or descriptions of individuals involved, keeping copies of relevant advertisements, and listing any witnesses.
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Conversion therapy
Indiana has a complex history regarding LGBTQ+ rights, and while same-sex marriage has been legal since 2015, the state has not established comprehensive anti-discrimination laws that include sexual orientation and gender identity. As a result, LGBTQ+ individuals in Indiana may still face discrimination in various aspects of their lives, including employment, housing, and public accommodations. Indiana's state employment non-discrimination law, for example, does not include sexual orientation or gender identity, leaving LGBTQ+ individuals unprotected in the workplace.
Some municipalities in Indiana have taken it upon themselves to pass local ordinances banning LGBTQ+ discrimination. For instance, Lake County, Fort Wayne, and Whitestown have ordinances prohibiting employment discrimination based on sexual orientation. Additionally, as of January 5, 2021, several Indiana municipalities have passed comprehensive nondiscrimination protections that cover LGBTQ+ individuals in employment, housing, and public accommodations.
Despite these efforts, Indiana's lack of a statewide conversion therapy ban and comprehensive anti-discrimination laws leaves LGBTQ+ individuals vulnerable. The continued practice of conversion therapy in the state highlights the need for legislative action to protect the rights and well-being of LGBTQ+ youth.
It is worth noting that public opinion in Indiana appears to support anti-discrimination legislation. A 2022 Public Religion Research Institute poll found that 78% of Indiana residents supported an anti-discrimination law covering sexual orientation and gender identity, while 57% opposed allowing public businesses to refuse service to LGBTQ+ individuals.
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Frequently asked questions
Yes, Indiana employment discrimination law protects against employment discrimination based on disability, national origin, ancestry, race, colour, religion, gender, and status as a veteran.
Indiana does not include sexual orientation or gender identity among its categories of discrimination. However, in 2004, Governor Joe Kernan issued an executive order protecting state employees from discrimination based on sexual orientation and gender identity.
You can contact Brian J Graber LLC, an Indiana employment discrimination lawyer, for a confidential free consultation. You can also file a complaint with the Indiana Civil Rights Commission within 180 days of the discriminatory act.
