Protected Classes in Employment

Employment discrimination may violate civil rights laws when it is based on a protected class.

Protected classes in employment may include:

• Race
• Color
• Religion
• Sex
• Disability
• National origin
• Ancestry
• Age
• Military or veteran status

Employers may not treat employees or applicants differently because of these characteristics.

Who Is Considered an Employee

Civil rights protections in employment generally apply to individuals working for an employer, including:

• Full-time employees
• Part-time employees
• Job applicants
• Temporary or seasonal workers

Under Indiana law, "employee" means: any person employed by another for wages or salary except for:

• Someone who is employed by their parent, child, or spouse
• Someone hired as domestic service, i.e., someone hired to work within the household of another person (personal housekeeper, babysitter, etc.) IC 22-9-1-3(i)

Which Employers Are Covered

Not all employers are subject to the same legal requirements. Under Indiana law, only employers who employ six or more people are subject to these guidelines.

Certain types of organizations are also exempted:

• Nonprofit corporations or associations 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
• Any exclusively social club, corporation, or association that is not organized for profit.  IC 22-9-1-3(h)

Examples of Employment Discrimination

Employment discrimination can take many forms. Examples may include:

• Refusing to hire an applicant because of a protected class
• Paying employees differently for the same work based on a protected class
• Denying promotions or training opportunities
• Firing or disciplining an employee because of a protected class
• Applying workplace policies differently to certain employees

Each situation is evaluated based on the specific facts and circumstances.