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Indiana Code

Ind. Code § 22-9-1-3 (2026)

Definitions

✓ current as of May 2026
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     Sec. 3. As used in this chapter:

     (a) "Person" means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons.

     (b) "Commission" means the civil rights commission created under section 4 of this chapter.

     (c) "Director" means the director of the civil rights commission.

     (d) "Deputy director" means the deputy director of the civil rights commission.

     (e) "Commission attorney" means the deputy attorney general, such assistants of the attorney general as may be assigned to the commission, or such other attorney as may be engaged by the commission.

     (f) "Consent agreement" means a formal agreement entered into in lieu of adjudication.

     (g) "Affirmative action" means those acts that the commission determines necessary to assure compliance with the Indiana civil rights law.

     (h) "Employer" means the state or any political or civil subdivision thereof and any person employing six (6) or more persons within the state, except that the term "employer" does not include:

(1) any nonprofit corporation or association organized exclusively for fraternal or religious purposes;

(2) any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or

(3) any exclusively social club, corporation, or association that is not organized for profit.

     (i) "Employee" means any person employed by another for wages or salary. However, the term does not include any individual employed:

(1) by the individual's parents, spouse, or child; or

(2) in the domestic service of any person.

     (j) "Labor organization" means any organization that exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment or for other mutual aid or protection in relation to employment.

     (k) "Employment agency" means any person undertaking with or without compensation to procure, recruit, refer, or place employees.

     (l) "Discriminatory practice" means:

(1) the exclusion of a person from equal opportunities because of race, religion, color, sex, disability, national origin, ancestry, or status as a veteran;

(2) a system that excludes persons from equal opportunities because of race, religion, color, sex, disability, national origin, ancestry, or status as a veteran;

(3) the promotion of racial segregation or separation in any manner, including but not limited to the inducing of or the attempting to induce for profit any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, disability, national origin, or ancestry;

(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is committed by a covered entity (as defined in IC 22-9-5-4);

(5) the performance of an abortion solely because of the race, color, sex, disability, national origin, or ancestry of the fetus; or

(6) a violation of any of the following statutes protecting the right of conscience regarding abortion:

(A) IC 16-34-1-4.

(B) IC 16-34-1-5.

(C) IC 16-34-1-6.

Every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit (as defined in IC 24-4.5-1-301.5) shall be considered unlawful unless it is specifically exempted by this chapter.

     (m) "Public accommodation" means any establishment that caters or offers its services or facilities or goods to the general public.

     (n) "Complainant" means:

(1) any individual charging on the individual's own behalf to have been personally aggrieved by a discriminatory practice; or

(2) the director or deputy director of the commission charging that a discriminatory practice was committed against a person (other than the director or deputy director) or a class of people, in order to vindicate the public policy of the state (as defined in section 2 of this chapter).

     (o) "Complaint" means any written grievance that is:

(1) sufficiently complete and filed by a complainant with the commission; or

(2) filed by a complainant as a civil action in the circuit or superior court having jurisdiction in the county in which the alleged discriminatory practice occurred.

The original of any complaint filed under subdivision (1) shall be signed and verified by the complainant.

     (p) "Sufficiently complete" refers to a complaint that includes:

(1) the full name and address of the complainant;

(2) the name and address of the respondent against whom the complaint is made;

(3) the alleged discriminatory practice and a statement of particulars thereof;

(4) the date or dates and places of the alleged discriminatory practice and if the alleged discriminatory practice is of a continuing nature the dates between which continuing acts of discrimination are alleged to have occurred; and

(5) a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance alleged in the complaint, together with a statement as to the status or disposition of the other action.

No complaint shall be valid unless filed within one hundred eighty (180) days from the date of the occurrence of the alleged discriminatory practice.

     (q) "Sex" as it applies to segregation or separation in this chapter applies to all types of employment, education, public accommodations, and housing. However:

(1) it shall not be a discriminatory practice to maintain separate restrooms;

(2) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining programs to admit or employ any other individual in any program on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and

(3) it shall not be a discriminatory practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one (1) sex only.

     (r) "Disabled" or "disability" means the physical or mental condition of a person that constitutes a substantial disability. In reference to employment under this chapter, "disabled or disability" also means the physical or mental condition of a person that constitutes a substantial disability unrelated to the person's ability to engage in a particular occupation.

     (s) "Veteran" means:

(1) a veteran of the armed forces of the United States;

(2) a member of the Indiana National Guard; or

(3) a member of a reserve component.

Formerly: Acts 1961, c.208, s.3; Acts 1963, c.173, s.3; Acts 1967, c.276, s.2; Acts 1969, c.298, s.2; Acts 1971, P.L.357, SEC.3; Acts 1972, P.L.176, SEC.2; Acts 1974, P.L.111, SEC.1; Acts 1975, P.L.256, SEC.2. As amended by Acts 1978, P.L.123, SEC.1; P.L.37-1985, SEC.44; P.L.111-1992, SEC.1; P.L.8-1993, SEC.292; P.L.23-1993, SEC.131; P.L.203-1993, SEC.1; P.L.1-1994, SEC.114; P.L.14-1994, SEC.2; P.L.164-1997, SEC.1; P.L.35-2010, SEC.3; P.L.136-2014, SEC.3; P.L.213-2016, SEC.27.

 

Notes of Decisions
Cited in 19 cases, 1979–2017 · leading case: Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013).
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Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013). · cites it 32× “” Ind. Code § 22-9-1-3 (1)(4). The civil rights law does not explain what “relates to” education, and the nature of this case, which involves both religion and education, makes this inquiry complicated.”
Filter Specialists, Inc. v. Brooks, 906 N.E.2d 835 (Ind. 2009). · cites it 3× “Permissible bases for discrimination in firing for example might include excessive absentecism, horseplay, fighting, or as alleged in this case and discussed in more detail below, clocking-in a fellow employee.”
Brownsburg Cmty. Sch. Corp. v. Natare Corp., 824 N.E.2d 336 (Ind. 2005). · cites it 2× “§ 13-29-1-2(p) (Environment: Low-Level Radioactive Waste) (defining "person" to include a corporation and "any other legal entity either public or private," and separately stating, "Person also includes the United States, states, political subdivisions of the state, and any…”
Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 23 N.E.3d 1 (Ind. 2015). · cites it 14× “" Ind. Code § 22-9-1-3 (l) (emphasis added).”
Pulcino v. Fed. Express Corp., 9 P.3d 787 (Wash. 2000). “130(2) (Lexis); Ind. Code Ann. § 22-9-1-3 (r) (Lexis 1997 & Supp.”
Cardinal Ritter High Sch., Inc. v. Aleesha Bullock, 17 N.E.3d 281 (Ind. Ct. App. 2014). · cites it 6× “I.C. § 22-9-1-3(1)- That section further states that “[e]very discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit .”
Brown v. State, 848 N.E.2d 699 (Ind. Ct. App. 2006). · cites it 2× “Code § 14-8-2-202(d) (natural resources department); Ind.Code § 22-9-1-3 (labor and industrial safety: civil rights); Ind.”
Zeller Elevator Co. v. Slygh, 796 N.E.2d 1198 (Ind. Ct. App. 2003). · cites it 2× “" Ind.Code § 22-9-1-3(F) (1998). A "discriminatory practice" is "the exclusion of a person from equal opportunities because of race, religion, color, sex, disability, national origin, or ancestry.”
Weatherbee v. Indiana Civil Rights Comm'n, 665 N.E.2d 945 (Ind. Ct. App. 1996). · cites it 3× “CODE § 22-9-1-3(1)(1) (1988). "Handicap" is described by statute as: the physical or mental condition of a person that constitutes a substantial disability.”
Indiana Bell Tel. Co. Inc. v. Boyd, 421 N.E.2d 660 (Ind. Ct. App. 1981). · cites it 3× “Ind. Code 22-9-1-3(0); 22-9-1-6; 22-9-1-11.”
Creasy v. Rusk, 730 N.E.2d 659 (Ind. 2000). “§ 22-9-1-3(r)) (originally prohibiting "handicap" as a ground for discrimination in P.”
Indiana Civil Rights Comm'n v. City of Muncie, 459 N.E.2d 411 (Ind. Ct. App. 1984). “CODE § 22-9-1-3( l ), which states in part: "The term `discriminatory practice' means the exclusion of a person, from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry; or a system which excludes persons from equal opportunities…”
Show all 19 citing cases →
— Ind. Code § 22-9-1-3(0) — 1 case
Indiana Bell Tel. Co. Inc. v. Boyd, 421 N.E.2d 660 (Ind. Ct. App. 1981). “Ind. Code 22-9-1-3(0); 22-9-1-6; 22-9-1-11.”
— Ind. Code § 22-9-1-3(1) — 5 cases
Filter Specialists, Inc. v. Brooks, 906 N.E.2d 835 (Ind. 2009). “Permissible bases for discrimination in firing for example might include excessive absentecism, horseplay, fighting, or as alleged in this case and discussed in more detail below, clocking-in a fellow employee.”
Cardinal Ritter High Sch., Inc. v. Aleesha Bullock, 17 N.E.3d 281 (Ind. Ct. App. 2014). “I.C. § 22-9-1-3(1)- That section further states that “[e]very discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit .”
Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013). “” Ind. Code § 22-9-1-3 (1)(4). The civil rights law does not explain what “relates to” education, and the nature of this case, which involves both religion and education, makes this inquiry complicated.”
Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 23 N.E.3d 1 (Ind. 2015). “" Ind. Code § 22-9-1-3 (l) (emphasis added).”
Indiana Civil Rights Comm'n v. Int'l Union, United Auto., Aerospace & Agric. Implement Workers, 385 N.E.2d 1176 (Ind. Ct. App. 1979).
— Ind. Code § 22-9-1-3(1)(1) — 1 case
Weatherbee v. Indiana Civil Rights Comm'n, 665 N.E.2d 945 (Ind. Ct. App. 1996). “CODE § 22-9-1-3(1)(1) (1988). "Handicap" is described by statute as: the physical or mental condition of a person that constitutes a substantial disability.”
— Ind. Code § 22-9-1-3(7) — 1 case
Indiana Bell Tel. Co. Inc. v. Boyd, 421 N.E.2d 660 (Ind. Ct. App. 1981). “Ind. Code 22-9-1-3(0); 22-9-1-6; 22-9-1-11.”
— Ind. Code § 22-9-1-3(F) — 1 case
Zeller Elevator Co. v. Slygh, 796 N.E.2d 1198 (Ind. Ct. App. 2003). “" Ind.Code § 22-9-1-3(F) (1998). A "discriminatory practice" is "the exclusion of a person from equal opportunities because of race, religion, color, sex, disability, national origin, or ancestry.”
— Ind. Code § 22-9-1-3(a) — 2 cases
Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013). “” Ind. Code § 22-9-1-3 (1)(4). The civil rights law does not explain what “relates to” education, and the nature of this case, which involves both religion and education, makes this inquiry complicated.”
Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 23 N.E.3d 1 (Ind. 2015). “" Ind. Code § 22-9-1-3 (l) (emphasis added).”
— Ind. Code § 22-9-1-3(h) — 1 case
Cardinal Ritter High Sch., Inc. v. Aleesha Bullock, 17 N.E.3d 281 (Ind. Ct. App. 2014). “I.C. § 22-9-1-3(1)- That section further states that “[e]very discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit .”
— Ind. Code § 22-9-1-3(h)(2) — 1 case
Indiana Civil Rights Comm'n v. Salvation Army Adult Rehab. Ctr., 685 N.E.2d 487 (Ind. Ct. App. 1997).
— Ind. Code § 22-9-1-3(m) — 1 case
Fishers Adolescent Catholic Enrichment Soc'y, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater, 990 N.E.2d 29 (Ind. Ct. App. 2013). “” Ind. Code § 22-9-1-3 (1)(4). The civil rights law does not explain what “relates to” education, and the nature of this case, which involves both religion and education, makes this inquiry complicated.”
— Ind. Code § 22-9-1-3(o) — 1 case
Battle v. Clark Equip., Brown Trailer Div., 524 F. Supp. 683 (N.D. Ind. 1981).
— Ind. Code § 22-9-1-3(p)(2) — 1 case
Weatherbee v. Indiana Civil Rights Comm'n, 665 N.E.2d 945 (Ind. Ct. App. 1996). “CODE § 22-9-1-3(1)(1) (1988). "Handicap" is described by statute as: the physical or mental condition of a person that constitutes a substantial disability.”
— Ind. Code § 22-9-1-3(q) — 1 case
Weatherbee v. Indiana Civil Rights Comm'n, 665 N.E.2d 945 (Ind. Ct. App. 1996). “CODE § 22-9-1-3(1)(1) (1988). "Handicap" is described by statute as: the physical or mental condition of a person that constitutes a substantial disability.”
— Ind. Code § 22-9-1-3(r) — 1 case
Creasy v. Rusk, 730 N.E.2d 659 (Ind. 2000). “§ 22-9-1-3(r)) (originally prohibiting "handicap" as a ground for discrimination in P.”
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