Definitions
Sec. 3. As used in this chapter:
(a) "Person" means one (1) or more individuals, partnerships,
associations, organizations, limited liability companies, corporations,
labor organizations, cooperatives, legal representatives, trustees,
trustees in bankruptcy, receivers, and other organized groups of
persons.
(b) "Commission" means the civil rights commission created
under section 4 of this chapter.
(c) "Director" means the director of the civil rights commission.
(d) "Deputy director" means the deputy director of the civil rights
commission.
(e) "Commission attorney" means the deputy attorney general,
such assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
(f) "Consent agreement" means a formal agreement entered into
in lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil
rights law.
(h) "Employer" means the state or any political or civil
subdivision thereof and any person employing six (6) or more
persons within the state, except that the term "employer" does not
include:
(1) any nonprofit corporation or association organized
exclusively for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
institution; or
(3) any exclusively social club, corporation, or association that
is not organized for profit.
(i) "Employee" means any person employed by another for wages
or salary. However, the term does not include any individual
employed:
(1) by his parents, spouse, or child; or
(2) in the domestic service of any person.
(j) "Labor organization" means any organization that exists for the
purpose in whole or in part of collective bargaining or of dealing
with employers concerning grievances, terms, or conditions of
employment or for other mutual aid or protection in relation to
employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because
of race, religion, color, sex, disability, national origin, or
ancestry;
(2) a system that excludes persons from equal opportunities
because of race, religion, color, sex, disability, national origin,
or ancestry;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, disability, national origin, or ancestry;
or
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and
is committed by a covered entity (as defined in IC 22-9-5-4).
Every discriminatory practice relating to the acquisition or sale of
real estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301) 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 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;
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for
a labor organization to classify its membership or to classify or
refer for employment any individual, or for an employer, labor
organization, or joint labor management committee controlling
apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of
sex in those certain instances where sex is a bona fide
occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental
condition of a person that constitutes a substantial disability. In
reference to employment, under this chapter, "disabled or disability"
also means the physical or mental condition of a person that
constitutes a substantial disability unrelated to the person's ability to
engage in a particular occupation.
(Formerly: Acts 1961, c.208, s.3; Acts 1963, c.173, s.3; Acts 1967,
c.276, s.2; Acts 1969, c.298, s.2; Acts 1971, P.L.357, SEC.3; Acts
1972, P.L.176, SEC.2; Acts 1974, P.L.111, SEC.1; Acts 1975,
P.L.256, SEC.2.) As amended by Acts 1978, P.L.123, SEC.1;
P.L.37-1985, SEC.44; P.L.111-1992, SEC.1; P.L.8-1993, SEC.292;
P.L.23-1993, SEC.131; P.L.203-1993, SEC.1; P.L.1-1994, SEC.114;
P.L.14-1994, SEC.2; P.L.164-1997, SEC.1.
Last modified: May 27, 2006