Indiana Workplace Harassment Laws: 6-Employee Rule, 180-Day Filing

Workplace harassment is reached in Indiana through the Indiana Civil Rights Law, IC 22-9-1, which has no harassment clause of its own: it defines a "discriminatory practice" as "the exclusion of a person from equal opportunities because of race, religion, color, sex, disability, national origin, ancestry, or status as a veteran," and since July 1, 2026 also as "a violation of a person's rights protected under" Title VII of the federal Civil Rights Act of 1964 (IC 22-9-1-3(l)(1), (7)). Every discriminatory practice relating to employment "shall be considered unlawful unless it is specifically exempted by this chapter."

The law applies to the state, its political subdivisions and any person employing six or more persons within Indiana (IC 22-9-1-3(h)). Complaints go to the Indiana Civil Rights Commission within 180 days, and a case under the Civil Rights Law reaches court only if both sides agree in writing after the commission finds probable cause. For other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana state law on workplace harassment by employers, supervisors and coworkers under the Indiana Civil Rights Law, IC 22-9-1 (chiefly IC 22-9-1-2, 22-9-1-3, 22-9-1-6, 22-9-1-16 and 22-9-1-17), as amended by H.E.A. 1193 (P.L. 83-2026), with notes on IC 22-9-2, IC 22-9.3, IC 34-26-6 and IC 2-2.2-3-9. It does not cover wrongful firing or the full complaint and lawsuit procedure (see Indiana wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.

Indiana harassment rules at a glance

What Indiana law prohibits

The Indiana Civil Rights Law contains no section that uses the word harassment in an employment rule. Harassment claims rest on the definition of "discriminatory practice" in IC 22-9-1-3(l), which, as amended in 2026, includes:

"(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; ... (7) a violation of a person's rights protected under: ... (B) Title VII of the federal Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.); ... or (8) an adverse action against a person because the person has taken action to protect a right enjoyed by: (A) the person; or (B) another person; under this article." (IC 22-9-1-3(l))

The same subsection then states: "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 37-2-2-14) shall be considered unlawful unless it is specifically exempted by this chapter."

The chapter "shall be construed broadly to effectuate its purpose" (IC 22-9-1-2(h)). The same section also declares a policy "to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, and lending institutions from unfounded charges of discrimination" (IC 22-9-1-2(c)).

The 2026 Title VII amendment

Subdivisions (7) and (8) are new. H.E.A. 1193, P.L. 83-2026, effective July 1, 2026, "amends the definition of 'discriminatory practice,'" according to the Indiana courts' legislative summary. Before that date, the definition did not refer to Title VII. The 2026 act did not change the commission's employment remedies in IC 22-9-1-6(j), described below.

The hostile work environment standard in Indiana

The statute sets no test for when harassment becomes unlawful. The Indiana Civil Rights Commission's guidance states: "Harassment may become unlawful when the behavior is severe or pervasive enough to create a hostile work environment or when employment decisions are based on submission to the conduct." The commission also says, "Employers may have a responsibility to address harassment when they become aware of the behavior." Both statements are agency guidance, not statutory text. The federal standard is covered on the workplace harassment laws hub.

Which Indiana employers are covered

IC 22-9-1-3(h) defines "employer" as "the state or any political or civil subdivision thereof and any person employing six (6) or more persons within the state," and then excludes three groups:

"(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." (IC 22-9-1-3(h))

The six-employee line applies to harassment on every ground in the Civil Rights Law except where another chapter sets its own rule. The separate disability chapter, IC 22-9-5, applies to employers of 15 or more (IC 22-9-5-10(b)), and the pregnancy accommodation chapter, IC 22-9-12, also applies at 15 or more.

Who counts as an employee

"Employee" means "any person employed by another for wages or salary," but 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" (IC 22-9-1-3(i)). The chapter contains no clause extending its protections to independent contractors, volunteers or other non-employees.

Protected traits

The Indiana Civil Rights Law names these grounds in its definition of a discriminatory practice:

• Race and color
• Religion
• Sex
• Disability (named in IC 22-9-1-3(l)(1); the separate disability chapter, IC 22-9-5, applies to employers of 15 or more)
• National origin and ancestry
• Status as a veteran

Age is handled by a separate chapter, IC 22-9-2, which reaches only "dismissal from employment of, or refusal to employ or rehire" a person aged 40 up to (but not including) 75; it does not address harassment. It applies to employers of one or more but excludes any employer subject to the federal Age Discrimination in Employment Act, and it is enforced by the commissioner of labor, whose complaint "must be so issued within four (4) months after the alleged unfair employment practices were committed" (IC 22-9-2-1, 22-9-2-6).

The commission's workplace harassment page lists "Race Color Religion Sex Disability National origin Ancestry Age Military or veteran status" as examples of protected classes in employment. The Indiana Civil Rights Law does not name sexual orientation, gender identity, marital status, or hair texture and protective hairstyles.

Employer responsibility and individual liability

IC 22-9-1 contains no section that sets separate liability rules for harassment by a supervisor, a coworker or a non-employee, and no section that makes an individual harasser liable or that rules individual liability out. The statute speaks of discriminatory practices and of employers. The commission's guidance quoted above describes an employer's responsibility once it becomes aware of harassment.

Retaliation for complaining

Since July 1, 2026, a discriminatory practice includes "an adverse action against a person because the person has taken action to protect a right enjoyed by: (A) the person; or (B) another person; under this article" (IC 22-9-1-3(l)(8)). Separately, the commission "shall prevent any person from discharging, expelling, or otherwise discriminating or retaliating against any other person because the person filed a complaint, testified in any hearing before this commission, or in any way assisted the commission in any matter under its investigation" (IC 22-9-1-6(g)). Firings after a complaint, and Indiana's default employment rule, are covered on the Indiana at-will employment page.

Deadlines and where to file

• Commission complaint: "No complaint shall be valid unless filed within one hundred eighty (180) days from the date of the occurrence of the alleged discriminatory practice" (IC 22-9-1-3(p)). The commission's filing page gives the same rule for employment: within 180 days.
• Court under the Civil Rights Law: after a probable-cause finding, "both the respondent and the complainant must agree in writing to have the claims decided in a court of law" (IC 22-9-1-16(a)). Without that agreement, the commission holds a hearing on the probable-cause finding, and its final order may be appealed under IC 22-9-8 (IC 22-9-1-18). If the complaint becomes the subject of an action in a federal court, the commission "shall immediately cease investigation of the complaint" (IC 22-9-1-6(q)).
• Local agencies: IC 22-9-1-12.1 lets a city, town or county set up a local civil rights agency, and a person "who files a complaint with any local agency may not also file a complaint with the civil rights commission concerning any of the matters alleged in such complaint" (or the reverse); either agency may transfer a complaint to the other. The EEOC lists local commissions in Bloomington/Monroe County, Evansville-Vanderburgh County, Fort Wayne, Gary and South Bend as partner agencies, and for charges against employers below the federal thresholds it gives local filing limits of 90 days in East Chicago, Fort Wayne, Gary and South Bend.
• Public employers: since 2025, IC 22-9.3 makes it unlawful discrimination for a public employer (a state agency or a public educational institution) to "hire, fire, promote, refuse to promote, demote, reward, or penalize a person with respect to employment or an employment opportunity, unless the employment action is based on a bona fide occupational qualification," when the action is based on race, religion, color, sex, national origin or ancestry, and a person injured by a violation "may bring a civil action for compensatory damages and injunctive relief" (IC 22-9.3-2-7, 22-9.3-4-1, 22-9.3-7-1). This applies to public employers only.
• 2026 changes: H.E.A. 1193 (P.L. 83-2026) added that "The commission may not represent the plaintiff in a civil action filed under this section" (IC 22-9-1-17(d)), and requires the commission to send a complaint to the state or federal agency that has jurisdiction to investigate it (IC 22-9-1-6(r)).
• Relief: the commission's power to restore a complainant's losses, "when applied to orders pertaining to employment shall include only wages, salary, or commissions," except in discriminatory practices involving veterans (IC 22-9-1-6(j)(1)).
• EEOC findings: the commission may issue an order based on the EEOC's findings on a complaint filed with both agencies (IC 22-9-1-6(p)).
• Federal charge: federal Title VII applies to employers with 15 or more employees (42 U.S.C. 2000e(b)). The EEOC's Indianapolis office states that an individual has "300 days from the date of alleged harm to file a charge with this office against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability" in Indiana, but 180 days for an age charge against an employer with 20 or more employees in Indiana. The EEOC counts a harassment charge from "the last incident of harassment."

The full procedure after a firing, including remedies, is on the Indiana wrongful termination page. The Indiana employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

Title 22 of the Indiana Code, which holds the Civil Rights Law and the state's general labor statutes, contains no harassment training, written-policy or posting requirement for private employers. Indiana's harassment training rule applies to legislators: each member of the General Assembly must complete "one (1) hour of sexual harassment prevention instruction" each year (IC 2-2.2-3-9(b)).

NDAs, confidentiality and arbitration

Title 22 contains no provision limiting nondisclosure, confidentiality or arbitration terms in harassment agreements or settlements. Federal law adds limits for sexual harassment disputes through the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, both explained on the workplace harassment laws hub.

Workplace violence restraining orders

A separate statute lets an employer act when harassment turns violent. Under IC 34-26-6-6, "an employer may seek a temporary restraining order or injunction on behalf of an employee to prohibit further violence or threats of violence by a person if: (1) the employee has suffered unlawful violence or a credible threat of violence from the person; and (2) the unlawful violence has been carried out at the employee's place of work or the credible threat of violence can reasonably be construed to be carried out at the employee's place of work by the person." The petition belongs to the employer, and both conditions must be met.

Is workplace bullying illegal in Indiana?

The Indiana Civil Rights Law reaches discriminatory practices tied to the traits it lists. Title 22 contains no provision on general workplace bullying that is not tied to one of those traits.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including one with a harasser, are on the Indiana workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Indiana employee monitoring laws page.

Recent changes to Indiana harassment law

• 2025: P.L. 196-2025 added IC 22-9.3, which bars a state agency or public educational institution from taking an employment action based on race, religion, color, sex, national origin or ancestry and gives an injured person a civil action.
• 2026: H.E.A. 1193 (P.L. 83-2026), effective July 1, 2026, amended the definition of discriminatory practice to add violations of rights under Titles VI and VII of the Civil Rights Act of 1964 and Title IX, and adverse actions for protecting a right under the article; barred the commission from representing the plaintiff in a civil action under IC 22-9-1-17; and required the commission to send complaints to the agency with jurisdiction.

Related pages

• Workplace harassment laws by state
• Indiana wrongful termination
• Indiana at-will employment laws
• Indiana employee monitoring laws
• Indiana workplace recording laws

This article provides general legal information about Indiana workplace harassment law under the Indiana Civil Rights Law, IC 22-9-1, as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Indiana or the Indiana Civil Rights Commission.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Indiana?

The Indiana Civil Rights Law has no separate harassment clause. Harassment in employment is reached through the definition of a discriminatory practice in IC 22-9-1-3(l), which covers exclusion from equal opportunities because of race, religion, color, sex, disability, national origin, ancestry or veteran status and, since July 1, 2026, violations of rights protected under Title VII.

How many employees does an employer need for Indiana's civil rights law to apply?

Six or more persons within Indiana, plus the state and its political subdivisions (IC 22-9-1-3(h)). Religious and fraternal nonprofits, church-affiliated schools and charitable institutions, and nonprofit social clubs are excluded, and the separate disability chapter, IC 22-9-5, applies to employers of 15 or more.

How long do you have to file a harassment complaint in Indiana?

A complaint is valid only if filed with the Indiana Civil Rights Commission within 180 days from the date of the alleged discriminatory practice (IC 22-9-1-3(p)).

Can you take an Indiana harassment complaint to court?

Under the Indiana Civil Rights Law, a civil action follows a probable-cause finding only if both the respondent and the complainant agree in writing to have the claims decided in court (IC 22-9-1-16). Since July 1, 2026, the commission may not represent the plaintiff in that civil action (IC 22-9-1-17(d)). Separately, since 2025, IC 22-9.3 gives a direct civil action against a state agency or public educational institution for certain employment actions based on race, religion, color, sex, national origin or ancestry.

What changed in Indiana civil rights law in 2026?

H.E.A. 1193 (P.L. 83-2026), effective July 1, 2026, added violations of rights protected under Title VII to the definition of a discriminatory practice, added adverse actions for protecting a right under the article, and barred the commission from representing the plaintiff in a civil action under IC 22-9-1-17.

Does Indiana require sexual harassment training for private employers?

Title 22 of the Indiana Code contains no such requirement. IC 2-2.2-3-9 requires each member of the General Assembly to complete one hour of sexual harassment prevention instruction each year.

Is age discrimination covered by Indiana's civil rights law?

Age is handled by a separate chapter, IC 22-9-2, which reaches only dismissal from employment, or refusal to employ or rehire, of a worker aged 40 up to 75. It does not address harassment, excludes employers subject to the federal Age Discrimination in Employment Act, and is enforced by the commissioner of labor rather than the Indiana Civil Rights Commission.

Is workplace bullying illegal in Indiana?

The Indiana Civil Rights Law reaches discriminatory practices tied to the traits it lists, such as race, sex and religion. Title 22 contains no provision on general workplace bullying unconnected to those traits.