Citations Affected: IC 22-9-1 ; IC 22-9-2.
Synopsis: Civil rights remedies and age discrimination. Transfers
jurisdiction over age discrimination proceedings from the
commissioner of labor to the Indiana civil rights commission. Adds
references to age discrimination to various statutes dealing with
discriminatory activity. Allows the Indiana civil rights commission to
impose a civil penalty, punitive damages, reasonable attorney's fees,
and costs against a person who has been found to have engaged in an
unlawful discriminatory practice. Allows a complainant or a respondent
to elect to commence a civil action concerning a discriminatory
practice in a state court without the consent of the other party. Limits
the time in which a civil action may be brought. Allows the Indiana
civil rights commission to bring a civil action concerning a
discriminatory practice in a state court. Allows the Indiana civil rights
commission to intervene as a party in a civil action concerning a
discriminatory practice. Makes other changes.
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Human Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning civil
regard to race, religion, color, sex, age, 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, age, 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.
estate, education, public accommodations, employment, or the
extending of credit (as defined in
) 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
his 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 rest rooms;
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
(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. All duties performed by an employee or agent employed by the commission shall be performed in the public interest.
(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, age, 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, age, handicap, national origin, or ancestry.
(h) The commission shall prevent any person from discharging, expelling, or otherwise discriminating against any other person because
he the person filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter under
(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 the commission may:
(1) award preventive relief, including but not limited to issuing a restraining order, a 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,
order, or a temporary or permanent injunction to be served
on the person; and
(2) require the person to take the further affirmative action or actions that the commission determines are needed to effectuate the purpose of this chapter, including but not limited to the power:
(A) to award actual damages to restore the complainant's losses incurred as a result of discriminatory treatment and to award other appropriate relief, including:
(i) punitive damages;
(ii) reasonable attorney's fees; and
(iii) court costs;
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
(B) to impose a civil penalty under subsection (s);
(C) 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) (D) to require proof of compliance to be filed by the
respondent at periodic intervals; and
(D) (E) 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 the license should not be revoked or
(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.
(s) To vindicate the public interest, the commission may assess against the respondent a civil penalty that does not exceed the following:
(1) Twenty-five thousand dollars ($25,000), in the case of a respondent that has at least six (6) and less than fourteen (14) employees in each of at least twenty (20) calendar weeks in the twenty-four (24) month period immediately preceding the date that the violation occurred.
(2) Fifty thousand dollars ($50,000), in the case of a respondent that has at least fourteen (14) employees and less than one hundred one (101) employees in each of at least twenty (20) calendar weeks in the twenty-four (24) month period immediately preceding the date that the violation occurred.
(3) One hundred thousand dollars ($100,000), in the case of a respondent that has at least one hundred one (101) employees and less than two hundred one (201) employees in each of at least twenty (20) calendar weeks in the twenty-four (24) month period immediately preceding the date that the violation occurred.
(4) Two hundred thousand dollars ($200,000), in the case of a respondent that has at least two hundred one (201) employees and less than five hundred one (501) employees in each of at
least twenty (20) calendar weeks in the twenty-four (24)
month period immediately preceding the date that the
(5) Three hundred thousand dollars ($300,000), in the case of a respondent that has at least five hundred one (501) employees in each of at least twenty (20) calendar weeks in the twenty-four (24) month period immediately preceding the date that the violation occurred.
(6) Zero dollars ($0), if subdivisions (1) through (5) do not apply.