INDIANAPOLIS – The Indiana Civil Rights Commission’s (ICRC) Deputy Director Akia Haynes announced today that there is probable cause to believe that two former African-American employees of Sugar Creek Nursing and Rehabilitation in Greenfield, Indiana were subject to unlawful discrimination when they were terminated last year.
Both employees were fired on September 20, 2013 and Respondent (Sugar Creek Nursing and Rehabilitation) indicated that they were terminated for violating the resident abuse and resident’s rights policies; however, evidence reveals that a similarly-situated Caucasian employee was treated more favorably under similar circumstances. Specifically, this Caucasian employee, despite engaging in similar prohibited conduct as the terminated employees, only received a written reprimand.
As a result, probable cause exists to believe that an unlawful discriminatory practice occurred in these instances.
In order to prevail, Complainants must show that: 1) they engaged in prohibited conduct similar to that of another co-worker of another race and 2) the disciplinary measures enforced against them were more severe than those levied against the co-worker of another race.
A finding of probable cause does not resolve a Civil Rights Complaint. Rather, it means the State has concluded its preliminary investigation and determined there is sufficient evidence to support reasonable suspicion that the Indiana Civil Rights Law has been violated. Indiana Civil Rights Law provides remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and training.
The Indiana Civil Rights Commission enforces the Indiana civil rights laws and provides education and services to the public in an effort to ensure equal opportunity for all Hoosiers and visitors to the State of Indiana. For more information, contact Brad Meadows, ICRC Deputy Director – External Affairs, at (317) 232-2651.