Bill strengthening civil rights protections passes House

Press Release

Members of the Indiana House last night supported a measure authored by State Rep. David Orentlicher (D-Indianapolis) that will provide meaningful protection to Hoosiers who suffer discrimination on the basis of their race, gender, religion or disability.

House Bill 1170 will allow victims to file a lawsuit against the persons who discriminated against them without having first received those persons' written consent, which is currently required by state statute.

"The way the law operates now is similar to giving a criminal the right to choose whether they are brought to trial for their wrongdoings," Orentlicher said. "It is a serious injustice in our legal system, one that this legislation will rectify."

Indiana's civil rights law was enacted decades ago to ensure that all Hoosiers are treated equally in the areas of education, employment, housing, public accommodations and credit. Hoosiers cannot be discriminated against by employers, landlords, lenders, hotels or restaurants based on race, religion, gender, disability or national origin.

Under current law, a person who believes they were discriminated against can file a complaint with the Indiana Civil Rights Commission regarding the incident. The commission will investigate the complaint, and then issue "findings of fact" determining whether the claimant had been discriminated against. However, the commission lacks the resources and authority necessary to vindicate the rights of Hoosiers to be free from discrimination.

Moreover, current law severely limits the ability of courts to hold people accountable for their discriminatory acts. Not only is it almost impossible for the victim to get to court, but once there, the victim is not entitled to a jury trial and the damages recoverable are restricted. House Bill 1170 addresses these shortcomings in Indiana law as well.

"Why recognize people's right to equality without giving courts the authority to enforce the law guaranteeing that right?" Orentlicher asked.

The measure passed by a vote of 51-45, and will now proceed to the Indiana Senate for consideration.

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