Indiana State Civil Rights Complaint (Employment Discrimination)

CIVIL RIGHTS COMPLAINT — EMPLOYMENT DISCRIMINATION — STATE OF INDIANA

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Jurisdiction and Venue
4. Administrative Exhaustion
5. Parties
6. Factual Allegations
7. Count I — Title VII (Federal)
8. Count II — 42 U.S.C. § 1981 (Federal)
9. Count III — ADA / ADEA (Federal, as applicable)
10. Count IV — Indiana Civil Rights Law (State)
11. Count V — Retaliation
12. Damages
13. Prayer for Relief
14. Demand for Trial by Jury
15. Reservation of Rights
16. Signature Block
17. Verification
18. Certificate of Service
19. Indiana Practice Notes
20. Sources and References

1. CAPTION

STATE OF INDIANA

[COUNTY NAME] COUNTY — [CIRCUIT / SUPERIOR] COURT

CAUSE NO. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF (EMPLOYMENT DISCRIMINATION)

Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, complaining of Defendants, alleges and says as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action for declaratory, injunctive, and monetary relief arising out of unlawful discrimination by Defendant employer on the basis of [PROTECTED CLASS — e.g., race / sex / disability / national origin / religion / age] and unlawful retaliation against Plaintiff for engaging in statutorily protected activity.

2.2. Plaintiff brings claims under (a) Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; (b) 42 U.S.C. § 1981; (c) [ADA / ADEA / Section 1983 — as applicable]; and (d) the Indiana Civil Rights Law, Ind. Code § 22-9-1 et seq.

2.3. Plaintiff seeks all available remedies, including back pay, front pay, compensatory damages, punitive damages, equitable relief, attorney's fees, and costs.

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over Plaintiff's federal claims pursuant to 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 2000e-5(f)(3) (Title VII). Supplemental jurisdiction over the state-law claim exists under 28 U.S.C. § 1367(a). [FEDERAL FILING ONLY]

3.2. [STATE COURT FILING ALTERNATIVE] This Court has subject-matter jurisdiction pursuant to Ind. Const. art. VII, § 8 and Ind. Code § 33-29-1-1.5 (general civil jurisdiction). State and federal courts have concurrent jurisdiction over Title VII and § 1981 claims. Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990).

3.3. Venue is proper in [COUNTY / DISTRICT] because the unlawful employment practices alleged herein were committed in [COUNTY], Indiana, the employment records relevant to such practices are maintained in [COUNTY], and Plaintiff would have continued to work in [COUNTY] but for the unlawful conduct. 42 U.S.C. § 2000e-5(f)(3); Ind. Trial Rule 75(A).

3.4. Defendant [EMPLOYER NAME] transacts business and maintains operations in [COUNTY], Indiana, and is subject to personal jurisdiction in this Court.

4. ADMINISTRATIVE EXHAUSTION

4.1. On or about [DATE], Plaintiff timely filed a verified Charge of Discrimination with the Indiana Civil Rights Commission ("ICRC"), assigned Charge No. [ICRC #], and dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC"), assigned Charge No. [EEOC #], alleging the discriminatory and retaliatory practices described below. The Charge was filed within one hundred eighty (180) days of the discriminatory act as required by Ind. Code § 22-9-1-3 and within three hundred (300) days as required by 42 U.S.C. § 2000e-5(e)(1).

4.2. On or about [DATE], the EEOC issued to Plaintiff a Notice of Right to Sue. A true and correct copy is attached as Exhibit A. This Complaint is filed within ninety (90) days of Plaintiff's receipt of that notice.

4.3. [IF ICRC PROCEEDED TO PROBABLE CAUSE] On or about [DATE], the ICRC issued a determination of probable cause. Pursuant to Ind. Code § 22-9-1-16, [both parties elected / Plaintiff elected and Respondent consented in writing] to have the matter decided by a court of law in lieu of an administrative hearing. A true and correct copy of the written election is attached as Exhibit B.

4.4. [IF ICRC PROCEEDED TO NO PROBABLE CAUSE OR DISMISSAL] Plaintiff has otherwise exhausted all administrative remedies available under state and federal law. Any further administrative pursuit would be futile.

4.5. Plaintiff has satisfied all conditions precedent to bringing this action.

5. PARTIES

5.1. Plaintiff. Plaintiff [PLAINTIFF NAME] is a resident of [COUNTY], Indiana. At all times material, Plaintiff was an "employee" within the meaning of 42 U.S.C. § 2000e(f), Ind. Code § 22-9-1-3, and other relevant statutes. Plaintiff is a member of the following protected class(es): [RACE / COLOR / SEX / RELIGION / NATIONAL ORIGIN / DISABILITY / AGE / ANCESTRY / OTHER].

5.2. Employer Defendant. Defendant [EMPLOYER NAME] is a [CORPORATION / LLC / GOVERNMENTAL UNIT] organized under the laws of [STATE], with its principal place of business at [ADDRESS], and operating in [COUNTY], Indiana. At all times material, Defendant employed [NUMBER] employees and is therefore an "employer" within the meaning of 42 U.S.C. § 2000e(b) (15+ employees), Ind. Code § 22-9-1-3 (6+ employees), 29 U.S.C. § 630(b) (ADEA, 20+), and 42 U.S.C. § 12111(5) (ADA, 15+), as applicable.

5.3. Individual Defendant(s). [NAME] is sued in his/her individual and official capacities under 42 U.S.C. § 1981 and § 1983 (where the employer is a public entity). Plaintiff acknowledges that Title VII does not impose individual liability against supervisors. Williams v. Banning, 72 F.3d 552 (7th Cir. 1995).

5.4. At all times material, the individuals whose conduct is described herein were employees, agents, or supervisors of Defendant employer acting within the scope of their employment, such that their acts and omissions are imputed to the Defendant employer under principles of respondeat superior and the cat's-paw doctrine.

6. FACTUAL ALLEGATIONS

6.1. Plaintiff was hired by Defendant on or about [HIRE DATE] as a [POSITION TITLE]. Throughout Plaintiff's employment, Plaintiff performed [his/her/their] duties competently and met or exceeded the legitimate expectations of the employer.

6.2. Plaintiff is a member of the following protected class(es) within the meaning of state and federal civil rights law: [SPECIFY — e.g., African American, female, person with a disability, age 52].

6.3. Beginning on or about [DATE], Plaintiff was subjected to the following adverse employment actions and discriminatory conduct:

• [Specific incident 1: date, decision-maker, action taken — e.g., demotion, denial of promotion, disparate discipline];
• [Specific incident 2];
• [Specific incident 3];
• [Specific incident 4 — pattern of harassing comments / slurs / requests for sexual favors / etc.];
• [Termination / constructive discharge on DATE].

6.4. Similarly situated employees outside Plaintiff's protected class were treated more favorably, including but not limited to [COMPARATOR NAMES OR JOB TITLES, with specific differential treatment].

6.5. [IF DISABILITY CASE] On or about [DATE], Plaintiff requested a reasonable accommodation of [SPECIFIC ACCOMMODATION REQUESTED]. Defendant [denied the accommodation / failed to engage in the interactive process / retaliated against Plaintiff for requesting it].

6.6. [IF HARASSMENT CASE] Plaintiff reported the unwelcome conduct to [NAME / HR] on or about [DATE]. Defendant failed to take prompt and effective remedial action. The harassing conduct was severe or pervasive enough to alter the terms and conditions of Plaintiff's employment and create an objectively and subjectively hostile work environment.

6.7. [IF RETALIATION CASE] On or about [DATE], Plaintiff engaged in protected activity by [FILING INTERNAL COMPLAINT / FILING EEOC OR ICRC CHARGE / OPPOSING DISCRIMINATION]. Within [TIMEFRAME] thereafter, Defendant subjected Plaintiff to [ADVERSE ACTION].

6.8. Defendant's stated reason(s) for the adverse action(s) — [STATED REASON] — are pretextual and not the real reason for the action, as evidenced by [INCONSISTENT EXPLANATIONS / SHIFTING JUSTIFICATIONS / DEPARTURE FROM POLICY / FAVORABLE TREATMENT OF COMPARATORS / DIRECT EVIDENCE OF ANIMUS].

6.9. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has suffered the damages set forth in Section 12 below.

7. COUNT I — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

(Discrimination on the Basis of [Race / Color / Religion / Sex / National Origin] — Against Defendant Employer)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.9 as though fully set forth herein.

7.2. At all relevant times, Defendant employed fifteen (15) or more employees and is an "employer" within the meaning of 42 U.S.C. § 2000e(b).

7.3. Defendant discriminated against Plaintiff with respect to the terms, conditions, and privileges of employment because of Plaintiff's [PROTECTED CHARACTERISTIC], in violation of 42 U.S.C. § 2000e-2(a).

7.4. Defendant's conduct was willful and undertaken with malice or reckless indifference to Plaintiff's federally protected rights, supporting an award of punitive damages under 42 U.S.C. § 1981a, subject to applicable caps.

7.5. As a direct and proximate result, Plaintiff has suffered the damages described in Section 12.

8. COUNT II — 42 U.S.C. § 1981

(Race Discrimination and Retaliation in Contracting — Against All Defendants)

8.1. Plaintiff incorporates Paragraphs 1.1 through 6.9 as though fully set forth herein.

8.2. Plaintiff is a member of a racial minority [OR — Plaintiff was perceived as a member of a racial minority / OR — Plaintiff associated with members of a racial minority].

8.3. Defendant intentionally interfered with Plaintiff's right to make and enforce contracts on the same terms enjoyed by white citizens, including the employment contract and its incidents, in violation of 42 U.S.C. § 1981.

8.4. Section 1981 imposes individual liability on supervisors who personally participate in the discrimination. Smith v. Bray, 681 F.3d 888 (7th Cir. 2012).

8.5. The four-year statute of limitations of 28 U.S.C. § 1658 applies to post-1991 § 1981 claims arising under the contractual-relations expansion. Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004).

8.6. Punitive damages under § 1981 are not subject to the Title VII statutory cap.

9. COUNT III — ADA / ADEA (As Applicable)

(Disability Discrimination — 42 U.S.C. § 12112 / Age Discrimination — 29 U.S.C. § 623)

9.1. Plaintiff incorporates Paragraphs 1.1 through 6.9 as though fully set forth herein.

9.2. [ADA] Plaintiff has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, and/or was regarded as having such an impairment, and is a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12111(8).

9.3. [ADA] Defendant discriminated against Plaintiff because of disability and/or failed to provide a reasonable accommodation, in violation of 42 U.S.C. § 12112(a) and (b)(5).

9.4. [ADEA] Plaintiff was at least forty (40) years of age at all relevant times, and Defendant subjected Plaintiff to adverse employment action because of age, in violation of 29 U.S.C. § 623(a). Age was the but-for cause of the adverse action.

10. COUNT IV — INDIANA CIVIL RIGHTS LAW

(Discrimination in Violation of Ind. Code § 22-9-1 et seq. — Against Defendant Employer)

10.1. Plaintiff incorporates Paragraphs 1.1 through 6.9 as though fully set forth herein.

10.2. At all relevant times, Defendant employed six (6) or more persons within Indiana and is an "employer" within the meaning of Ind. Code § 22-9-1-3.

10.3. Defendant subjected Plaintiff to discriminatory practices on the basis of [RACE / COLOR / RELIGION / SEX / DISABILITY / NATIONAL ORIGIN / ANCESTRY], in violation of Ind. Code § 22-9-1-2 and § 22-9-1-3.

10.4. Plaintiff timely filed a charge with the Indiana Civil Rights Commission within 180 days of the discriminatory act, as required by Ind. Code § 22-9-1-3, and [has obtained a probable-cause determination and the parties have elected court adjudication under Ind. Code § 22-9-1-16 / has otherwise exhausted administrative remedies].

10.5. Plaintiff is entitled to all relief available under the Indiana Civil Rights Law, including cease-and-desist orders, reinstatement, back pay, and other affirmative equitable relief that effectuates the purposes of Ind. Code § 22-9-1-6.

11. COUNT V — RETALIATION

(Title VII / Ind. Code § 22-9-1-2 / 42 U.S.C. § 1981 — Against Defendant Employer)

11.1. Plaintiff incorporates Paragraphs 1.1 through 6.9 as though fully set forth herein.

11.2. Plaintiff engaged in statutorily protected activity by [OPPOSING DISCRIMINATION / FILING ICRC OR EEOC CHARGE / PARTICIPATING IN INVESTIGATION / REQUESTING ACCOMMODATION].

11.3. Defendant knew of Plaintiff's protected activity and, within close temporal proximity thereof, subjected Plaintiff to a materially adverse employment action that would dissuade a reasonable employee from engaging in protected activity. Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006).

11.4. There is a causal connection between Plaintiff's protected activity and the adverse action.

12. DAMAGES

12.1. Economic Damages: Past and future lost wages, lost benefits (including health insurance, retirement contributions, and equity), out-of-pocket expenses, and the value of lost employment opportunities.

12.2. Non-Economic / Compensatory Damages: Emotional distress, mental anguish, humiliation, loss of professional reputation, inconvenience, and loss of enjoyment of life.

12.3. Punitive Damages: Defendant acted with malice or reckless indifference to Plaintiff's federally protected rights, warranting punitive damages under 42 U.S.C. § 1981a (Title VII / ADA, subject to caps in § 1981a(b)(3)) and 42 U.S.C. § 1981 (no cap).

12.4. Liquidated Damages: [ADEA only] Defendant's violation was willful, entitling Plaintiff to liquidated damages equal to back-pay damages under 29 U.S.C. § 626(b).

12.5. Equitable Relief: Reinstatement to Plaintiff's former position with all benefits and seniority, or front pay in lieu of reinstatement; expungement of adverse personnel records; and injunctive relief restraining further discriminatory conduct.

12.6. Attorney's Fees and Costs: Plaintiff is entitled to a reasonable attorney's fee, expert witness fees, and costs of suit pursuant to 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 42 U.S.C. § 12205, and 29 U.S.C. § 626(b).

12.7. Pre- and Post-Judgment Interest at the maximum lawful rate.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and grant the following relief:

• A. Declare that Defendants' conduct violated Title VII, 42 U.S.C. § 1981, [ADA / ADEA], and the Indiana Civil Rights Law;
• B. Award back pay, front pay, lost benefits, and other economic damages in an amount to be proven at trial;
• C. Award compensatory damages for emotional distress and other non-economic harm;
• D. Award punitive damages under 42 U.S.C. § 1981a and 42 U.S.C. § 1981;
• E. [ADEA] Award liquidated damages equal to back pay;
• F. Order reinstatement with full seniority and benefits, or front pay in lieu thereof;
• G. Order expungement of all adverse personnel records and provision of a neutral letter of reference;
• H. Issue a permanent injunction enjoining Defendants from further discrimination and retaliation, and requiring training, policy changes, and monitoring;
• I. Award reasonable attorney's fees, expert fees, and costs of suit;
• J. Award pre- and post-judgment interest at the maximum lawful rate;
• K. Grant such other and further relief as the Court deems just and proper.

14. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Federal Rule of Civil Procedure 38, Indiana Trial Rule 38, the Seventh Amendment to the United States Constitution, and Article 1, § 20 of the Indiana Constitution.

15. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add additional parties, claims, or factual allegations as discovery may reveal, in accordance with Federal Rule of Civil Procedure 15 and/or Indiana Trial Rule 15.

16. SIGNATURE BLOCK

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Atty. No. [#####-##]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [(___) ___-____]

Facsimile: [(___) ___-____]

Email: [[email protected]]

17. VERIFICATION

STATE OF INDIANA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My Commission Expires: [_______________]

Residing in [_______________] County, Indiana

18. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], the foregoing VERIFIED COMPLAINT was served upon the following parties by [CERTIFIED MAIL, RETURN RECEIPT REQUESTED / SHERIFF'S SERVICE / E-FILING THROUGH IEFS / OTHER]:

[DEFENDANT'S NAME AND SERVICE ADDRESS]

[REGISTERED AGENT FOR DEFENDANT EMPLOYER]

[________________________________]

[ATTORNEY NAME]

19. INDIANA PRACTICE NOTES

• Exhaustion is mandatory under state law. Indiana courts have repeatedly held that the Indiana Civil Rights Law (IC 22-9-1) does not, on its face, create an independent private right of action enforceable in court for damages. The default forum is the ICRC. A complainant may have the matter heard in court only if both parties consent in writing under IC 22-9-1-16 after a probable-cause determination, or by exception (e.g., disability discrimination under IC 22-9-5, which courts have construed more permissively). Plead the federal counts first; treat the state count as a parallel preservation count.
• EEOC/ICRC dual-filing. The ICRC has a work-share agreement with the EEOC. Filing with one agency cross-files with the other. To preserve state claims, file within 180 days; to preserve federal claims, file within 300 days. Always confirm dual-filing on the charge form.
• Title VII right-to-sue. A federal civil action under Title VII must be filed within 90 days of the complainant's receipt of the EEOC right-to-sue letter. 42 U.S.C. § 2000e-5(f)(1).
• Statutes of limitation. Section 1981: 4 years (for post-1991 contractual-relations claims). Section 1983 in Indiana: 2 years (Ind. Code § 34-11-2-4). ADEA: same dual-filing structure as Title VII.
• Damages caps. Title VII compensatory and punitive damages are capped under 42 U.S.C. § 1981a(b)(3) by employer size: $50,000 (15–100 employees), $100,000 (101–200), $200,000 (201–500), and $300,000 (500+). Section 1981 has no cap. ADEA permits liquidated damages but not compensatory damages for pain and suffering.
• Individual liability. Title VII and the ADEA do not impose individual supervisor liability; § 1981 and § 1983 do. Williams v. Banning, 72 F.3d 552 (7th Cir. 1995).
• State and federal protected classes. IC 22-9-1 covers race, religion, color, sex, disability, national origin, and ancestry. Indiana state civil rights law does NOT include sexual orientation or gender identity. Title VII (post-Bostock v. Clayton County, 590 U.S. 644 (2020)) covers sexual orientation and gender identity as forms of sex discrimination. Age (40–75) is covered separately by IC 22-9-2 and ADEA.
• Forum. The Southern District of Indiana and the Northern District of Indiana have concurrent jurisdiction with state circuit/superior courts over Title VII and § 1981 claims. Most plaintiffs prefer federal court for procedural and discovery reasons.
• Local ordinances. Several Indiana municipalities (e.g., Indianapolis-Marion County, Bloomington, South Bend, Lafayette, Evansville) have adopted human rights ordinances that include sexual orientation and gender identity as protected classes; these are administered by local human rights commissions. IC 22-9-1-12.1 governs jurisdictional transfers.
• Tort Claims Act. If the employer is a governmental unit, Plaintiff must comply with the Indiana Tort Claims Act (IC 34-13-3) as applicable to non-civil-rights state-law claims; however, civil rights claims under federal statute are not subject to the ITCA notice requirement.
• Verification. Indiana Trial Rule 11(B) does not require verification of pleadings as a general matter, but verification is recommended for civil rights complaints to support immediate equitable relief.

20. SOURCES AND REFERENCES

• Indiana Code Title 22, Article 9 (Civil Rights) — https://iga.in.gov/laws/2024/ic/titles/22/#22-9
• Ind. Code § 22-9-1-3 (Definitions) — https://iga.in.gov/laws/2024/ic/titles/22#22-9-1-3
• Ind. Code § 22-9-1-6 (ICRC Powers and Duties) — https://iga.in.gov/laws/2024/ic/titles/22#22-9-1-6
• Ind. Code § 22-9-1-16 (Election of Judicial Determination) — https://iga.in.gov/laws/2024/ic/titles/22#22-9-1-16
• Indiana Civil Rights Commission — https://www.in.gov/icrc/
• ICRC Filing a Discrimination Complaint — https://www.in.gov/icrc/file-a-discrimination-complaint/how-to-file/
• ICRC Enforcement — https://www.in.gov/icrc/file-a-discrimination-complaint/enforcement/
• ICRC Indiana Civil Rights Laws & Regulations — https://www.in.gov/icrc/about-icrc/indiana-civil-rights-laws-and-regulations/
• 42 U.S.C. § 2000e et seq. (Title VII) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• 42 U.S.C. § 1981 — https://www.law.cornell.edu/uscode/text/42/1981
• EEOC Fair Employment Practices Agencies — https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990)
• Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004)
• Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006)
• Fort Bend County v. Davis, 587 U.S. 541 (2019)
• Gross v. FBL Financial Services, 557 U.S. 167 (2009)
• Williams v. Banning, 72 F.3d 552 (7th Cir. 1995)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Indiana must review and customize this document before filing. Indiana civil rights law generally requires administrative exhaustion before the Indiana Civil Rights Commission and does not provide an independent private right of action for damages in court absent the parties' written election under IC 22-9-1-16. Laws, citations, and procedural rules change; verify all authorities at iga.in.gov, in.gov/icrc, and eeoc.gov before filing.