Indiana employers faced with discrimination charges
INDIANAPOLIS - Two Indiana employers have each been charged recently with discrimination in violation of the Indiana Civil Rights Law(Ind. Code § 22-9, et seq.). The charges were each reported to the Indiana Civil Rights Commission (ICRC) and the investigations are now complete. Following these investigations, probable cause exists in each case that an illegal discriminatory practice has occurred.
Provided below is a brief overview of the two charges issued:
Honda Manufacturing of Indiana (Greensburg, Ind.)
Respondent hired Complainant as a production associate in August 2009 and promoted her to the position of fixed asset accountant in April 2013. Respondent alleges that the Complainant failed to meet its legitimate business expectations and demoted her back to production assistant in July 2013. However, witness testimony asserts the Complainant was meeting Respondent’s expectations. Evidence further shows that after the demotion, Respondent’s associate relations team investigated the matter and recommended that Complainant be reinstated. Furthermore, Complainant, who is African American, alleges she was provided less training than a Caucasian employee. As such, based upon the state’s preliminary investigation probable cause exists to believe an unlawful discriminatory practice occurred.
Professional Transportation (Evansville, Ind.)
At all times relevant to the Complaint, Complainant worked as a transporter driver for the railroad crew for Respondent. During the course of his employment, Respondent asserts that Complainant falsified time, was the only employee to log over 8 hours per shift, and used the company vehicle for personal tasks in violation of their policy. As such, Complainant was terminated in September 2013. However, Complainant, as well as witness testimony, asserts that another transporter driver was frequently late which caused other transporter drivers to work late. In fact, three transporter drivers substantiate the Complainant’s claims. As such, evidence shows that Complainant reported his time accurately. Additionally, a female employee who violated the same policy as Complainant was rehired by Respondent shortly after being terminated. Thus, there is reason to believe that Complainant, who is male, was treated less favorably than a similarly-situated female employee.
It is important to note that 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. These laws provide 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.