FEPA Discrimination Charge and Right-to-Sue Procedure — Indiana

FEPA Discrimination Charge and Right-to-Sue Procedure (INDIANA)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL

TO: File — [CLIENT NAME]
FROM: [ATTORNEY NAME], Indiana Atty. No. [________]
DATE: [__/__/____]
RE: Pre-Filing Eligibility Analysis — ICRC Complaint and EEOC Charge

1. Client and Employer Identification

2. Coverage Analysis

☐ Employer has 6+ employees (state ICRL) — Ind. Code § 22-9-1-3(h)
☐ Employer has 15+ employees (Title VII / ADA) — 42 U.S.C. § 2000e(b)
☐ Employer has 20+ employees (ADEA) — 29 U.S.C. § 630(b)
☐ Employer is not exempt religious / fraternal / charitable / social club
☐ Complainant is an "employee" (not independent contractor)
☐ Indiana work nexus established
☐ Local ordinance applies (city / county HRC) — broader protections possible

3. Protected Class and Adverse Action

4. Statute of Limitations (180 / 300 Days)

☐ Continuing-violation doctrine evaluated (hostile environment)
☐ Equitable tolling / estoppel considered
☐ Last act dated within 180 days (state preserved)
☐ Strategy if state SOL expired but federal preserved (file EEOC only)

5. Forum Strategy

☐ ICRC only (administrative remedy; no fee; no compensatory/punitive damages)
☐ EEOC only (federal claims; can pursue § 1981a compensatory + punitive)
☐ Dual-file ICRC + EEOC via work-sharing (recommended in most cases)
☐ Local HRC (Indianapolis, Bloomington, etc.) for broader protections
☐ Direct federal court (after EEOC RTSL)
☐ Common-law claims in state court (wrongful discharge in violation of public policy; defamation; IIED)

6. Recommendation

[ATTORNEY'S WRITTEN RECOMMENDATION — file at ICRC and dual-file with EEOC; pursue local ordinance if available; counsel client on damages limitations.]

Part B — Charge of Discrimination (ICRC Filing)

INDIANA CIVIL RIGHTS COMMISSION
100 N. Senate Avenue, Room N300
Indianapolis, Indiana 46204

COMPLAINT OF DISCRIMINATION
ICRC No. EM[__________] (employment)
EEOC Charge No. [__________] (cross-filed)

1. Parties

2. Cause(s) of Discrimination (check all that apply)

☐ Race — Ind. Code § 22-9-1-2; Title VII
☐ Color — § 22-9-1-2; Title VII
☐ Religion — § 22-9-1-2; Title VII
☐ Sex (including pregnancy, lactation, sexual harassment) — § 22-9-1-2; Title VII; § 22-9-7
☐ National origin / ancestry — § 22-9-1-2; Title VII
☐ Age (40-75) — Ind. Code § 22-9-2; ADEA
☐ Disability — Ind. Code § 22-9-5; ADA
☐ Military / veteran status — § 22-9-1-2; USERRA
☐ Retaliation — Ind. Code § 22-9-1-7; Title VII § 704
☐ Failure to accommodate (disability) — Ind. Code § 22-9-5; ADA
☐ Failure to accommodate (pregnancy) — Ind. Code § 22-9-7

3. Date of Most Recent Discrimination

Date of most recent discriminatory act: [__/__/____]
Date of filing: [__/__/____]
Days elapsed: [____] (must be ≤ 180 under § 22-9-1-3(p))

4. Particulars

I, [COMPLAINANT NAME], state the following:

1. I am a member of the following protected class(es): [LIST CLASSES].

2. I was employed by Respondent from [__/__/____] to [__/__/____] as a [TITLE] in Respondent's [LOCATION] facility. My supervisor was [NAME, TITLE].

3. I met or exceeded Respondent's legitimate performance expectations throughout my employment, as evidenced by [PERFORMANCE EVIDENCE].

4. On or about [__/__/____], [DESCRIBE FIRST DISCRIMINATORY ACT — facts only, not legal conclusions].

5. On or about [__/__/____], [DESCRIBE SUBSEQUENT ACTS].

6. On or about [__/__/____], Respondent took the following adverse action: [TERMINATION / DEMOTION / etc.]. The stated reason was [STATED REASON].

7. Respondent's stated reason is pretextual. The true reason was my [PROTECTED CLASS]. Evidence includes:
   - Direct statements by [DECISION-MAKER]: [QUOTE];
   - Comparators outside the protected class who were treated more favorably: [NAMES];
   - Temporal proximity to protected activity: [DESCRIBE];
   - Shifting explanations: [LIST];
   - Statistical/pattern evidence: [DESCRIBE].

8. I have suffered lost wages, lost benefits, emotional distress, and damage to professional reputation as a result.

5. Relief Requested

Complainant requests that ICRC:

☐ Investigate and find probable cause that Respondent violated the Indiana Civil Rights Law
☐ Order cease and desist
☐ Order reinstatement
☐ Order back pay with interest
☐ Order affirmative action (training, policy revision, posting)
☐ Cross-file with EEOC for federal-law remedies including compensatory and punitive damages under 42 U.S.C. § 1981a

6. Signature

I declare under penalty of perjury under the laws of the State of Indiana that the foregoing is true and correct to the best of my knowledge.

[COMPLAINANT SIGNATURE]
[PRINTED NAME]
Date: [__/__/____]

Part C — Right-to-Sue Demand Letter

[LAW FIRM LETTERHEAD]
[DATE]

VIA EEOC PORTAL AND CERTIFIED MAIL, RRR

U.S. Equal Employment Opportunity Commission
Indianapolis District Office
101 W. Ohio Street, Suite 1900
Indianapolis, IN 46204-4203

AND

Indiana Civil Rights Commission
100 N. Senate Avenue, Room N300
Indianapolis, IN 46204

Re: [COMPLAINANT] v. [RESPONDENT]
ICRC No. EM[__________] / EEOC Charge No. [__________]
Request for Notice of Right to Sue and Notice of Withdrawal of ICRC Complaint

To Whom It May Concern:

This office represents the Complainant/Charging Party in the above-referenced matter. Pursuant to 29 C.F.R. § 1601.28(a)(2) and 42 U.S.C. § 2000e-5(f)(1), Charging Party hereby requests the EEOC's issuance of a Notice of Right to Sue.

1. Procedural Status

☐ More than 180 days have elapsed since the charge was filed; Charging Party requests issuance of a Notice of Right to Sue under 29 C.F.R. § 1601.28(a)(1)
☐ Fewer than 180 days have elapsed; Charging Party requests early issuance under 29 C.F.R. § 1601.28(a)(2), and a District Director's certification that the case cannot be processed within 180 days

2. Withdrawal of ICRC Complaint (Conditional)

To the extent required to permit civil action in court on the same factual basis, and only if not jeopardizing dual-filing rights, Charging Party gives notice of withdrawal of the ICRC administrative complaint under 910 IAC 1. Charging Party reserves all rights under federal law, local ordinance, and state common law.

3. Acknowledgment

Charging Party understands:

• The Notice of Right to Sue triggers a 90-day federal civil action deadline (42 U.S.C. § 2000e-5(f)(1));
• ICRC withdrawal extinguishes the right to pursue ICRC administrative remedies on the same matter;
• Charging Party retains the right to pursue state common-law claims (wrongful discharge, defamation, IIED) within applicable Indiana SOLs.

4. Service

Please send the Notice of Right to Sue to undersigned counsel and to Charging Party at the addresses below within 15 days of this request.

Respectfully,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Indiana Atty. No. [________]
[FIRM NAME]
[ADDRESS]
[(___) ___-____] / [EMAIL]

cc: [RESPONDENT'S COUNSEL]
[CLIENT]

Part D — Pre-Suit Civil Complaint (Federal Court Template)

UNITED STATES DISTRICT COURT
[SOUTHERN / NORTHERN] DISTRICT OF INDIANA
[INDIANAPOLIS / FORT WAYNE / HAMMOND / NEW ALBANY / EVANSVILLE] DIVISION
Cause No. [__________]

COMPLAINT AND DEMAND FOR JURY TRIAL

I. INTRODUCTION

1. This is a civil action for employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), and supplemental state-law claims, following exhaustion of administrative remedies before the EEOC and the Indiana Civil Rights Commission.

II. JURISDICTION AND VENUE

2. This Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1343. Supplemental jurisdiction over state-law claims is conferred by 28 U.S.C. § 1367(a). Venue is proper under 28 U.S.C. § 1391(b) and 42 U.S.C. § 2000e-5(f)(3).

III. PARTIES

3. Plaintiff [NAME] is an Indiana resident.

4. Defendant [LEGAL ENTITY] is an "employer" under Title VII (15+ employees), the ADA (15+), the ADEA (20+), and Indiana Civil Rights Law (6+).

IV. ADMINISTRATIVE EXHAUSTION

5. Plaintiff filed a Charge of Discrimination with the EEOC and ICRC on [__/__/____], within 180 days of the most recent discriminatory act under Ind. Code § 22-9-1-3(p) and 300 days under federal law.

6. The EEOC issued a Notice of Right to Sue on [__/__/____], received by Plaintiff on [__/__/____].

7. Plaintiff files this action within 90 days of receipt of the EEOC Notice of Right to Sue.

V. FACTUAL ALLEGATIONS

[Numbered paragraphs tracking the ICRC particulars in Part B, expanded.]

VI. CAUSES OF ACTION

COUNT I — Title VII Discrimination on the Basis of [PROTECTED CLASS]
COUNT II — Title VII Retaliation
COUNT III — ADA Discrimination / Failure to Accommodate (if applicable)
COUNT IV — ADEA Discrimination (Age 40+) (if applicable)
COUNT V — Indiana Civil Rights Law § 22-9-1 et seq. (only if § 22-9-1-16 election agreement exists)
COUNT VI — Wrongful Discharge in Violation of Indiana Public Policy (if applicable; Frampton doctrine)

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

a. Declaratory judgment that Defendant violated federal anti-discrimination law;
b. Back pay with prejudgment interest;
c. Front pay in lieu of reinstatement;
d. Compensatory damages for emotional distress (subject to Title VII § 1981a caps based on employer size);
e. Punitive damages under 42 U.S.C. § 1981a;
f. Liquidated damages under the ADEA for willful violations (29 U.S.C. § 626(b));
g. Attorney's fees and costs (42 U.S.C. § 2000e-5(k); § 12205; § 626(b));
h. Injunctive relief and reinstatement;
i. Such other relief as the Court deems just.

VIII. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable, including ADEA claims (29 U.S.C. § 626(c)(2)).

Respectfully submitted,
[PLAINTIFF NAME], by counsel,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Indiana Atty. No. [________]
[FIRM NAME]
[ADDRESS]
[(___) ___-____] / [EMAIL]

Date: [__/__/____]

Part E — Pre-Filing Checklist

1. Intake and Eligibility

☐ Confirm employer has 6+ employees (state); 15+ (Title VII / ADA); 20+ (ADEA)
☐ Confirm employer is not exempt religious / fraternal / charitable / social
☐ Confirm complainant is an "employee" (not independent contractor)
☐ Identify each protected class under state and federal law
☐ Confirm Indiana work nexus
☐ Calculate 180-day state SOL (Ind. Code § 22-9-1-3(p))
☐ Calculate 300-day federal SOL (Title VII deferral state)
☐ Calendar 90-day post-RTSL civil filing deadline
☐ Analyze continuing-violation doctrine for hostile environment claims
☐ Identify applicable local ordinances (Indianapolis, Bloomington, etc.)
☐ Identify state common-law claims (wrongful discharge — Frampton public-policy; defamation; IIED)

2. Evidence Preservation

☐ Send litigation hold letter to Respondent
☐ Preserve personnel file (request copy under Ind. Code § 22-2-15)
☐ Preserve emails, texts, voicemails, performance reviews
☐ Identify and document witness contact information (personal)
☐ Document chronology while memory is fresh
☐ Preserve medical / mental health records for damages

3. ICRC / EEOC Filing

☐ Draft Complaint of Discrimination with detailed particulars
☐ Verify employer name (Indiana Secretary of State business search)
☐ Identify registered agent for service
☐ File via ICRC online portal or in person
☐ Confirm cross-filing with EEOC Indianapolis District Office
☐ Obtain ICRC docket number and EEOC charge number
☐ Calendar EEOC investigation milestones (Respondent position statement ~30 days)

4. Post-Filing

☐ Cooperate with ICRC investigator (witness interviews, documents)
☐ Submit rebuttal to Respondent's position statement (typically 30 days)
☐ Attend ICRC-scheduled mediation if offered (free, voluntary)
☐ Monitor 180-day clock to request EEOC Notice of Right to Sue
☐ Request EEOC Notice of Right to Sue when ready to litigate
☐ Withdraw ICRC complaint at correct moment (preserve federal rights)
☐ File civil action within 90 days of RTSL receipt
☐ Amend charge for new acts (e.g., post-charge retaliation)

5. Damages Documentation

☐ Compile W-2s, pay stubs, benefits statements
☐ Document mitigation efforts (job applications, offers)
☐ Document mitigation income
☐ Calculate benefits losses (health, 401(k), PTO)
☐ Document out-of-pocket (COBRA, medical, therapy)
☐ Document emotional distress evidence

6. Ethical and Strategic

☐ Confirm no conflict (firm's prior representation of Respondent)
☐ Issue engagement letter with fee terms (Ind. Prof. Cond. R. 1.5)
☐ Counsel client on Title VII damages caps (42 U.S.C. § 1981a)
☐ Counsel client on tax treatment of settlements (IRC § 104(a)(2))
☐ Counsel client on social-media discipline during litigation
☐ Counsel client on duty not to contact represented employer personnel

Sources and References

• Indiana Civil Rights Commission — Home: https://www.in.gov/icrc/
• ICRC — How to File a Discrimination Complaint: https://www.in.gov/icrc/file-a-discrimination-complaint/how-to-file/
• Ind. Code § 22-9-1 (Indiana Civil Rights Law): https://iga.in.gov/laws/2024/ic/titles/22#22-9-1
• Ind. Code § 22-9-1-3 (Definitions; 6-employee threshold; 180-day SOL): https://codes.findlaw.com/in/title-22-labor-and-safety/in-code-sect-22-9-1-3/
• Ind. Code § 22-9-2 (Age Discrimination 40-75): https://iga.in.gov/laws/2024/ic/titles/22#22-9-2
• Ind. Code § 22-9-5 (Indiana Civil Rights Law for People with Disabilities): https://iga.in.gov/laws/2024/ic/titles/22#22-9-5
• Ind. Code § 22-9-7 (Pregnancy Accommodations): https://iga.in.gov/laws/2024/ic/titles/22#22-9-7
• 910 IAC 1 (ICRC Rules of Procedure): https://www.in.gov/icrc/files/910IAC1.pdf
• EEOC Indianapolis District Office: https://www.eeoc.gov/field-office/indianapolis/location
• Indianapolis Office of Equal Opportunity (local ordinance): https://www.indy.gov/agency/office-of-equal-opportunity
• Bloomington Human Rights Commission: https://bloomington.in.gov/hrc
• Indiana Legal Services — Employment: https://www.indianalegalservices.org/
• Title VII Damages Caps (42 U.S.C. § 1981a): https://www.law.cornell.edu/uscode/text/42/1981a
• ADEA Procedure (29 U.S.C. § 626): https://www.law.cornell.edu/uscode/text/29/626
• Frampton v. Central Indiana Gas Co., 260 Ind. 249 (1973) (public-policy wrongful-discharge tort)