How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

Indiana Workplace Discrimination — Filing a Complaint

Q: What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the Indiana Civil Rights Law, protected classes include: race, color, religion, sex, disability, national origin, ancestry, and status as a veteran — applies to employers with 6+ employees; adds ancestry and veteran status beyond federal categories; does not include sexual orientation or gender identity as a protected class at the state level [§ 22-9-1-2].

Q: Can I file with both the state agency and EEOC?

Yes. ICRC is a deferral agency with the EEOC under a worksharing agreement; charges are cross-filed; a right-to-sue letter is not required from ICRC to file in state court, but the complaint must first be filed with ICRC. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

Protected classes, filing deadlines, and how to pursue a discrimination claim under Indiana and federal law.

The Indiana Civil Rights Law prohibits employment discrimination in Indiana §22-9-1-2.

Protected Classes

Under Indiana law, employers cannot discriminate based on: race, color, religion, sex, disability, national origin, ancestry, and status as a veteran — applies to employers with 6+ employees; adds ancestry and veteran status beyond federal categories; does not include sexual orientation or gender identity as a protected class at the state level.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have 180 days from the alleged discriminatory act (300 days when cross-filed with EEOC) §22-9-1-3. ICRC is a deferral agency with the EEOC under a worksharing agreement; charges are cross-filed; a right-to-sue letter is not required from ICRC to file in state court, but the complaint must first be filed with ICRC.

	Details
State Agency	Indiana Civil Rights Commission (ICRC)
Federal Agency	EEOC
State Deadline	180 days from the alleged discriminatory act (300 days when cross-filed with EEOC) §22-9-1-3
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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