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Summary of differences between federal and state regulations
Employer defined
“Employer” means the state or any political or civil subdivision thereof and any person employing six or more persons within the state. The term “employer” does not include:
- any nonprofit corporation or association organized exclusively for fraternal or religious purposes;
- any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or
- any exclusively social club, corporation, or association that is not organized for profit.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Sex. For example, the state law prohibits discrimination based on sex, and requires equal opportunity.
An employer may be held liable for the conduct of its employees if, in addition to being unwelcome and sexual in nature, the conduct is severe and pervasive. The determination of whether sexual harassment is so “severe” and “pervasive” to cause the payment of damages is made on a case-by-case basis. Sometimes one incident, if it is bad enough, will create a hostile workplace.
An employer has an obligation to stop harassment, but it cannot help employees if it does not know that harassment is occurring. A failure to report the harassment can mean that the employer has no liability for damages.
Employers should develop a strong policy that lets employees know that sexual behavior, comments, and materials are inappropriate for the workplace. As part of this policy, make such behavior subject to disciplinary action, and make it clear to whom the behavior should be reported. Distribute the policy to all employees, and train supervisors and managerial staff to deal with complaints promptly.
Trainings and other work-related activities held off the job side should be subject to the same standards as on-site workplace activities.
The Indiana Civil Rights Commission maintains a brochure on sexual harassment at www.in.gov/icrc/files/ICRC_Workplace(3).pdf
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex