Best Sexual Harassment Lawyers in Indiana

About Sexual Harassment Law in Indiana, United States

Sexual harassment is unwanted or unwelcome behavior of a sexual nature that creates a hostile, intimidating, or offensive environment. In Indiana, sexual harassment can occur in the workplace, schools, housing, and public spaces. It includes actions such as unwelcome sexual advances, requests for sexual favors, verbal or physical harassment of a sexual nature, and other offensive conduct. The laws in Indiana are designed to protect individuals from sexual harassment and to offer legal remedies for victims.

Why You May Need a Lawyer

If you have experienced sexual harassment, consulting an attorney can help you understand your rights and navigate the legal process. Common reasons people seek legal assistance for sexual harassment in Indiana include:

• Facing retaliation or termination after reporting harassment
• Having complaints ignored by an employer or institution
• Needing help to file a complaint with a government agency
• Seeking compensation for emotional distress or lost wages
• Being accused of sexual harassment and needing a defense
• Addressing harassment in environments outside the workplace, such as housing or educational institutions

An attorney can help you gather evidence, assess the merits of your claim, negotiate settlements, and represent you in court or hearings if necessary.

Local Laws Overview

Sexual harassment laws in Indiana are governed by both state and federal statutes. Key elements include:

• Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on sex, including sexual harassment. It applies to employers with 15 or more employees.
• Indiana Civil Rights Law: The Indiana Civil Rights Commission (ICRC) enforces state laws that prohibit sexual harassment in employment, housing, education, and public accommodations. Indiana law covers employers with six or more employees.
• Types of Sexual Harassment: - Quid pro quo: When submission to sexual conduct is made a condition of employment, housing, or participation in educational programs. - Hostile work environment: When sexual behavior creates an intimidating, hostile, or offensive environment.
• Filing Deadlines: Complaints under federal law generally must be filed within 180 days of the harassment, while Indiana state law allows up to 300 days in some cases.
• Employer Responsibilities: Indiana employers must take reasonable steps to prevent and correct sexual harassment. They should also protect complainants from retaliation.

Frequently Asked Questions

What constitutes sexual harassment under Indiana law?

Sexual harassment is any unwelcome behavior of a sexual nature that affects your work, housing, educational environment, or public accommodation. This can include physical advances, verbal comments, jokes, emails, gestures, or images.

Can I file a complaint if the harassment happened outside of work?

Yes, Indiana law protects individuals from sexual harassment in housing, schools, and public spaces, as well as the workplace.

What should I do if I am being harassed?

Document all incidents, report the behavior to your employer or appropriate authority, and seek legal advice. Do not ignore the situation, and try to keep records of communications and events.

How long do I have to file a complaint?

Federal complaints generally must be filed with the Equal Employment Opportunity Commission within 180 days. Indiana law may allow up to 300 days for certain claims filed with the Indiana Civil Rights Commission.

What if my employer retaliates against me for reporting harassment?

Retaliation for reporting harassment is illegal. If you experience termination, demotion, reduced hours, or other negative actions after making a complaint, you have the right to additional legal protection.

Do I need a lawyer to file a sexual harassment complaint?

You are not required to have a lawyer, but legal representation can help ensure your case is properly documented, filed, and argued. A lawyer can also help you understand your rights and negotiate settlements.

Can men be victims of sexual harassment?

Yes, anyone can be a victim of sexual harassment, regardless of gender. The law protects all individuals from this type of discrimination and mistreatment.

What kind of evidence do I need for my case?

Evidence can include emails, text messages, written reports, witness statements, recordings (if legally obtained), and any records related to the incidents or complaints made.

What remedies are available if I win my case?

Possible remedies include compensation for lost wages, emotional distress, reinstatement to a job, changes in workplace policies, and punitive damages in some cases.

Is my complaint confidential?

Complaints to government agencies are generally kept confidential during the investigation. Your employer may need to know the details to investigate, but retaliation for filing a complaint is prohibited by law.

Additional Resources

• Indiana Civil Rights Commission (ICRC): Handles complaints and investigates claims of discrimination, including sexual harassment.
• Equal Employment Opportunity Commission (EEOC): A federal agency that enforces employment non-discrimination laws.
• Indiana Legal Services: Offers free or low-cost legal assistance to eligible individuals.
• Local bar associations: Can refer you to attorneys who specialize in sexual harassment cases.
• Rape, Abuse, and Incest National Network (RAINN): Provides support and resources for sexual harassment and assault survivors.

Next Steps

If you believe you have been a victim of sexual harassment in Indiana, take the following steps:

• Document every incident with as much detail as possible.
• Report the harassment to your employer, school, landlord, or appropriate authority according to their policies or handbook.
• Contact the Indiana Civil Rights Commission or EEOC to discuss filing a formal complaint.
• Consult with an attorney experienced in sexual harassment law to assess your case and discuss your legal options.
• Seek support from counseling services or victim advocacy organizations to address emotional or psychological impacts.

Remember, you are not alone. The law protects your rights, and there are resources and professionals ready to help you take action and move forward.