ICRC to Pursue Claim of Discrimination

INDIANAPOLISThe Indiana Civil Rights Commission today issued a finding that there is probable cause to believe that B & C Hideout in New Palestine, Ind. denied employment to an applicant based on his sex. The incident stems from an April 13, 2011 complaint filed with the Commission alleging sex and disability discrimination in the recruitment process.

The investigation found that the complainant is qualified to perform the duties of the open position. However, the posted position, which expresses a preference for a female, still remains open. Furthermore, there is no dispute that B & C Hideout posted an advertisement expressing a preference for a female bartender.  B & C Hideout asserts that the preference for a female was published in error.

Following our preliminary investigation, we have found reason to believe that the complainant has been discriminated against in the recruitment process,” said Joshua Brewster, Deputy Director of the Indiana Civil Rights Commission. “This case is of particular interest as it is apparently common in the industry to favor female bartenders. Such a preference is clearly unlawful under state and federal law.”

Title VII of the Civil Rights Act of 1964 and the Indiana Civil Rights Laws make it unlawful to discriminate against any person with regard to recruitment, hiring or firing, promotion, transfers, job training, wages or salaries, or any other term, condition or benefit of employment. An employer must also accommodate an employee or applicant with a disability.

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 Laws provide remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and training.  A public hearing is necessary to determine whether a violation of Indiana Civil Rights Law occurred as alleged by the complainant.

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 Communications Specialist, at (317) 232-2651.