Indiana Labor Laws Regarding Harassment

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Indiana Labor Laws Regarding Harassment

Indiana labor laws protect employees from sexual and other forms of harassment. Pervasive harassment can contribute to a "hostile working environment," meaning the employee feels uncomfortable or unsafe at work because of harassment. Employers should have a written policy regarding harassment to protect themselves from legal problems related to worker harassment.

Prohibition on Sexual Harassment

Sexual harassment in the workplace is illegal in Indiana. Any type of sexual behavior that makes an employee feel uncomfortable can be considered sexual harassment, according to lawyers.com. In addition to egregious sexual behavior such as sexual propositions or suggestions that the employee perform sexual acts in return for favors, allowing conversations or jokes about sex may be sexual harassment if it makes an employee uncomfortable. Employees can sue employers if sexual harassment occurs and is not dealt with appropriately by the employer.

Employer Protection

While Indiana employers are not required to print and distribute employee handbooks, doing so can help protect them from harassment lawsuits, according to lawyers.com. Employee handbooks should spell out prohibited behaviors and explain the employer's policy for dealing with complaints, including consequences for harassing other employees. Employers should also document any incidents, including the employer's response, as evidence of the employer's attempt to rectify the situation.

Other Types of Harassment

Any type of behavior can be considered harassment if it contributes to the employee feeling that the work environment is hostile, according to Professor Eugene Volokh of UCLA Law School. If verbal harassment contains hate speech against a protected class that the employee is a member of, such as racist or religious slurs, the employee can file a discrimination claim with the State of Indiana Civil Rights Commission as well as suing for harassment. Race, religion, national origin, disability, and age are protected classes under Indiana law. Sexual orientation and gender identity are not protected classes in Indiana; however, employees who fall into these categories may be able to claim that the working environment is hostile if co-workers or employers make fun of their gender or sexual orientations or otherwise make them feel uncomfortable.