ICRC finds probable cause in two gender discrimination complaints

INDIANAPOLIS – The Indiana Civil Rights Commission (ICRC) announced today two significant gender discrimination charges brought against employers in Indianapolis, Ind. The ICRC asserts both employers, Apex Tool Company and Metropolitan Faculty Services Enterprises, violated the Indiana Civil Rights Law.

In the case of Apex Tool Company it was found through the state’s investigation that while Apex claims the Complainant was terminated for missing shifts and arriving late to work on several occasions, there is no evidence to support it. Further, Apex does not publish or distribute employee handbooks and admits similarly situated male employees were granted extended periods of vacation time, missed shifts and arrived late without being terminated.

Regarding the case of Metropolitan Faculty Services, the Complainant was a janitorial supervisor who was allegedly told by one of the Respondent’s owners that he wanted a man in her position because he felt a female couldn’t do the job. Shortly after that comment, the owner changed the Complainant’s work schedule which conflicted with her other responsibilities. When the Complainant indicated that she could not work the schedule, the Respondent’s owner told her not to return to work.

In order to prevail in either case, the Complainant must show that: (1) she is the member of a protected class, (2) she suffered an adverse employment action, (3) she was meeting Respondent’s legitimate business expectations; and (4) similarly-situated male employees were treated more favorably.

A finding of probable cause does not resolve a civil rights Complaint. Rather, it means the State has concluded its preliminary investigation and determined there is sufficient evidence to support reasonable suspicion that the Indiana Civil Rights Law has been violated. The Indiana Civil Rights Law provides remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and training.

The Indiana Civil Rights Commission enforces the Indiana civil rights laws and provides education and services to the public in an effort to ensure equal opportunity for all Hoosiers and visitors to the State of Indiana. For more information, contact Brad Meadows, ICRC Communications Manager, at (317) 232-2651.