National Origin Discrimination Laws in Indiana

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers from discriminating against employees or applicants based on national origin. National origin discrimination includes bias based on country of origin, ethnic accent, inability to speak English fluently, or ethnic customs and traditions. The law covers employers with 15 or more employees, including private employers, state and local governments, employment agencies, and labor unions. National origin discrimination can occur in all aspects of employment: hiring, firing, promotion, compensation, job assignments, performance reviews, and working conditions.

The EEOC enforces Title VII and investigates national origin discrimination charges. Prohibited conduct includes adverse employment decisions (denial of hire, promotion, or termination) motivated by national origin, as well as creation of a hostile work environment through slurs, jokes, or other conduct based on national origin. Employers may not require fluent English-only speech in all workplace situations, though they may enforce English-only policies when job-related. Employers cannot refuse to hire or promote qualified individuals based on accent, unless the accent materially interferes with job performance.

Remedies under Title VII include back pay, front pay, compensatory damages for emotional distress and humiliation, punitive damages in intentional discrimination cases, and attorney fees. Employees may file charges with the EEOC within 180 days of the discriminatory act in non-deferral states, or 300 days in deferral states that have their own civil rights laws.

Indiana's Civil Rights Act (IC § 22-9-1-1) prohibits employment discrimination based on national origin and is enforced by the Indiana Civil Rights Commission (ICRC). Indiana law is substantially similar to federal Title VII but offers some procedural and remedial advantages to employees. The Indiana statute applies to employers with 6 or more employees, a lower threshold than Title VII's 15-employee requirement, meaning smaller Indiana employers are covered under state law who would not be covered federally.

Under Indiana law, national origin discrimination includes the same protected categories as Title VII: country of origin, accent, ethnic customs, and inability to speak English fluently. However, Indiana's lower employer threshold means that employees working for businesses with 6-14 employees have state law protection even if Title VII does not apply. The ICRC investigates state charges and may pursue enforcement through conciliation, administrative hearings, or civil action.

Indiana law provides comparable remedies to Title VII, including compensatory damages, back pay, front pay, and attorney fees. One procedural advantage is that Indiana has a 300-day filing deadline (rather than 180 days federally in non-deferral jurisdictions), giving workers more time to file. Indiana is a "dual-filing" state, meaning charges filed with the ICRC are automatically cross-filed with the EEOC and vice versa, simplifying the complaint process for employees.

Indiana law explicitly prohibits retaliation against employees who oppose discriminatory practices or participate in ICRC proceedings, with the same strong protections as Title VII. The ICRC may also award punitive damages in cases of gross negligence or reckless disregard of statutory duties. Unlike some states, Indiana does not carve out small employers; once an employer reaches 6 employees, full protection applies under the Indiana Civil Rights Act.

National origin discrimination prohibitions have several important exceptions and limitations under Indiana and federal law. Bona fide occupational qualifications (BFOQs) can permit national origin-based distinctions in rare circumstances, but only when national origin is a legitimate job requirement directly tied to job performance—this exception is narrowly construed and rarely applies. For example, a restaurant authentically representing a particular cuisine might have a BFOQ for employees of that national origin, but only if the employer can prove it is reasonably necessary to the business operation.

Language requirements are permitted when job-related; employers may require employees to speak English fluently if speaking English is essential to the job. However, employers cannot require exclusive English in break rooms or informal settings, and cannot discriminate based on accent unless the accent materially interferes with job performance. Accent discrimination is particularly scrutinized; an employer cannot refuse to hire a qualified candidate solely because they have an accent, even if customers might prefer an accent-free employee.

Indiana law does not protect against discrimination based on immigration status, though federal law provides some protections. Employers may verify work authorization and may not employ undocumented workers, but cannot discriminate among work-authorized applicants based on national origin. Union collective bargaining agreements do not exempt employers from national origin discrimination prohibitions, though union members may have additional protections through grievance procedures.

The "customer preference" defense—refusing to hire or accommodate an employee because customers prefer someone of a different national origin—is not a valid defense under either Title VII or Indiana law. Similarly, productivity concerns or stereotypes about national groups do not justify discrimination. Harassment based on national origin must be severe or pervasive to constitute unlawful hostile work environment; isolated comments or jokes do not automatically violate the law, though repeated or severe conduct does.

Step 1: Document the discrimination thoroughly. Keep a detailed written record of each discriminatory incident, including the date, time, location, what was said or done, who was present, and how the conduct affected your employment (denial of raise, promotion, termination, etc.). Save all relevant emails, text messages, performance reviews, pay stubs, and other documents showing disparate treatment. If you have a national origin accent or name, document any instances where this was referenced negatively or used as a basis for adverse employment decisions. Take screenshots of digital communications and preserve voicemail messages. Record the names and contact information of witnesses who observed the discrimination.

Step 2: File an internal complaint with your employer's human resources department or management, if safe to do so. Provide a written complaint describing the discriminatory conduct and request a formal investigation. Keep a copy of your complaint and any response from HR. Document any retaliation that occurs after filing the complaint. This step is important because it may allow your employer an opportunity to remediate the violation, and it demonstrates that you attempted to resolve the matter internally—however, failure to use internal procedures does not prevent you from filing with the ICRC or EEOC. If your employer is very small or the discrimination is from senior management, you may skip this step.

Step 3: File a charge with either the Indiana Civil Rights Commission or the EEOC within 300 days of the discriminatory act (Indiana's deferral state deadline). Filing with one agency automatically cross-files with the other. To file with the ICRC, visit www.in.gov/icrc or call 317-232-2600. To file with the EEOC, visit www.eeoc.gov or contact the Indianapolis field office at 317-226-7212. The charge must include your name, address, phone number, employer's name and address, a description of the discriminatory conduct with dates, and the basis of discrimination (national origin). You do not need an attorney to file; the charge form is straightforward. Include specific examples such as being passed over for promotion because of your accent, derogatory comments about your national origin, or termination following complaints about national origin-based harassment.

Step 4: Expect the ICRC or EEOC to conduct an investigation within 180-365 days of filing, though timelines vary. The agency will contact your employer and request relevant documents such as personnel files, hiring records, promotion records, and communications. Investigators may interview you, your employer, and witnesses. You may be asked to provide additional information or clarify details in your charge. The agency will determine whether there is "probable cause" to believe discrimination occurred. You will receive a determination letter; if the agency finds probable cause, it may pursue conciliation (attempting to settle the case) or issue a Right-to-Sue letter, which allows you to file a private lawsuit in court. If no probable cause is found, you receive a Right-to-Sue letter immediately and can still sue.

Step 5: Consult an employment attorney if you receive a Right-to-Sue letter or if the ICRC/EEOC investigation concludes. An employment discrimination attorney specializing in Title VII and state civil rights law can evaluate your case's strength, advise on settlement negotiations, and file a lawsuit if necessary. Many employment attorneys work on contingency (no upfront fees). If you proceed with a lawsuit, you generally have one year from receiving the Right-to-Sue letter to file in court. An attorney will help you understand available remedies, including back pay, emotional distress damages, and punitive damages. Consider consulting an attorney early if retaliation occurs after filing or if the discrimination is severe.