Employment Law Office of John H. Haskin & Associates, LLC Indianapolis Employment Law Attorney | Employee Rights 2026-10-21T16:29:05Z https://www.jhaskinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504200/2024/09/cropped-jh-site-icon-32x32.jpg On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Disparate treatment: when employers use double standards for discipline]]> https://www.jhaskinlaw.com/?p=52909 2026-10-15T00:47:49Z 2026-10-15T00:47:49Z What is disparate treatment in workplace discipline? Disparate treatment occurs when an employer intentionally treats an employee less favorably than others because of a protected legal status. Under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, employers cannot use race, color, national origin, sex, pregnancy, religion, age, or disability as a factor in disciplinary decisions. According to the U.S. Equal Employment Opportunity Commission, disparate treatment in discipline often takes several forms:
  • Unequal severity: terminating an employee for being ten minutes late while coworkers with similar attendance records receive no written warning
  • Selective enforcement: ignoring a dress code or phone policy for most staff, but suddenly enforcing it strictly against employees of a specific demographic
  • Bypassing progressive discipline: skipping standard warning steps to immediately fire a protected employee while providing coaching or improvement plans to others
Recognizing these patterns is the first step toward understanding whether the treatment may cross a legal line.

The role of "similarly situated" comparators

Because supervisors rarely state openly that discipline is based on a protected characteristic, proving disparate treatment depends on comparative evidence. In the Seventh Circuit, which covers federal employment cases in Indiana, a prima facie case of disparate treatment requires identifying similarly situated comparators. A comparable coworker must be directly comparable in all material respects:
  • Same conduct: the coworker engaged in comparable policy infractions without mitigating circumstances that explain the difference in treatment
  • Same supervisor: both employees answered to the same decision-maker
  • Same standards: both were subject to the same company handbooks and disciplinary policies
When a supervisor punishes one employee harshly while overlooking identical conduct from a coworker outside that employee's protected group, a court may infer that discrimination influenced the decision.

How employers mask bias behind pretext

When faced with a disparate treatment claim, employers typically assert a non-discriminatory reason for the discipline. To prevail, the employee must show that the stated reason is a pretext for underlying bias. Evidence that can help demonstrate pretext includes:
  • Shifting explanations: the stated reason for discipline changes over time between the initial conversation and legal proceedings
  • Inconsistent investigation: the employer interviewed only selective witnesses or ignored evidence that contradicted the disciplinary decision
  • Deviation from written policy: the company bypassed its own handbook rules on how investigations or progressive discipline must be conducted
Pretext can also be shown through a broader pattern of how the employer has treated employees from different demographic groups over time.

Steps to take if you face selective discipline

If you suspect double standards at work, consider these practical steps. Keep a personal log of dates, specific actions taken against you, and exact statements made by management. Note instances where coworkers committed similar infractions and how management responded. Save performance reviews, disciplinary notices, written policies, and relevant communications. Report the inconsistent discipline through HR or the internal grievance process, explicitly stating that you believe the double standard is connected to a protected characteristic. Filing a charge with the Indiana Civil Rights Commission may also preserve your rights under state law.

Getting legal guidance

Inconsistent workplace discipline can damage careers and signal deeper patterns of bias. If you believe selective discipline or unfair termination was driven by unlawful conduct, an employment discrimination attorney in Indianapolis can review what happened and help you understand your options under federal and Indiana law.]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[How performance concerns can mask disability discrimination]]> https://www.jhaskinlaw.com/?p=52907 2026-10-08T14:45:33Z 2026-10-08T14:45:33Z Sudden changes in performance expectations A change in the standards you must meet can raise concerns when your employer suddenly makes your job harder after a disability-related event. For example, you might face a new productivity target, tighter deadlines, added duties or closer review that did not apply before. Compare the expectations you had before and after the change, especially if your employer introduced them after you disclosed a disability or asked for an accommodation.

Disability-related symptoms treated as performance problems

Symptoms linked to a disability can sometimes look like ordinary work or conduct problems. This can happen with mental disabilities when symptoms affect focus, communication, attendance or behavior. For example, a manager might describe trouble focusing as a lack of effort or treat disability-related absences as a sign that you cannot be relied on. Federal law lets employers set valid work standards. At the same time, the ADA may require reasonable changes that help a qualified employee meet those standards.

Performance concerns that follow disclosure

Negative feedback that starts after you disclose a disability can deserve a closer look, even when your formal work standards stay the same. For example, your employer might start criticizing work that once met expectations, issue new warnings or put you on a performance plan soon after learning about your condition. The timing alone does not prove discrimination, but it can add useful context when you look at the full situation.

Inconsistent treatment of employees

Different treatment of employees with similar work problems can provide another useful clue. If coworkers faced similar issues but received different warnings, discipline or chances to improve, those differences can help you assess whether your employer applied its standards in the same way.

Protect your right against workplace discrimination

Performance concerns can be signs of discrimination when they suddenly come up after you disclose your condition. Keep performance reviews, emails, disciplinary notices and accommodation messages. Write down dates and exact statements while the details remain fresh. If you notice a pattern, an attorney can review these records with you and help you assess what happened and what options may fit your situation.]]> by Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Can job postings exclude older workers through coded language?]]> https://www.jhaskinlaw.com/?p=52898 2026-09-22T19:29:47Z 2026-09-22T19:29:47Z What counts as age-based coded language? Certain terms in job postings signal a preference for younger workers. Common examples include:
  • "High-energy"
  • "Tech-savvy"
  • "Recent college graduate"
  • "Young and enthusiastic"
  • "Cultural fit," especially when tied to recent graduates
Equal Employment Opportunity Commission (EEOC) guidance and researchers who study hiring bias have noted that these phrases can discourage qualified older applicants from applying. Employers often argue that the terms describe genuine job requirements. But a posting that combines several youth-oriented phrases may reveal age bias even if no single term explicitly excludes older workers.

How does the ADEA address discriminatory job postings?

The Age Discrimination in Employment Act (ADEA) offers legal protection to employees who are 40 years of age or older, specifically guarding them against unfair treatment during the hiring process. This law applies to businesses that employ a minimum of 20 people and broadly restricts the use of age-related preferences in employment advertisements. An exception exists when age qualifies as a genuine occupational requirement essential to performing the role. Such cases remain uncommon. A job posting may trigger age discrimination concerns if it shows preference toward a particular age bracket or deters eligible candidates from submitting applications. The EEOC and courts may further evaluate whether the employer crafted the language around legitimate job responsibilities or relied on stereotypical assumptions tied to a worker's age.

What steps can you take when a posting raises concerns?

If a job posting raises red flags, act quickly. Filing deadlines apply, generally 180 days from the discriminatory act or 300 days in states with their own age discrimination agencies. Practical steps to consider:
  • Save a copy of the job posting right away
  • Note patterns if the same employer uses similar language across multiple listings
  • File a charge with the Equal Employment Opportunity Commission
  • Speak with an employment attorney to find out whether the language is actionable and whether an EEOC charge is the right next step
Taking these steps can help preserve evidence and clarify whether the job posting may support an age discrimination claim.

Know where you stand

Age-based wording in a job posting does not always support a legal claim, but it should not be ignored. The ADEA protects against hiring bias that may be subtle or hard to spot. If age-based wording discourages an applicant from applying, it may raise legal concerns. Keeping a record of the wording and meeting the filing deadline can help preserve a potential claim.  ]]> by Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Can your employer ban natural hairstyles in Indiana?]]> https://www.jhaskinlaw.com/?p=52897 2026-09-08T06:43:56Z 2026-09-08T06:43:56Z Does federal law protect natural hairstyles? The CROWN Act movement supports clear federal and state laws against hairstyle discrimination. Title VII bans workplace discrimination based on race. Some federal courts have ruled that bans on natural hairstyles may amount to race discrimination when the styles are closely tied to Black culture. However, courts do not all agree. In a widely cited 2016 case, the Eleventh Circuit ruled that an employer did not violate Title VII by refusing to hire an applicant with locs. The court said hairstyles are mutable, meaning they can be changed, unlike traits such as skin color. The Equal Employment Opportunity Commission (EEOC) has stated that discrimination based on hair texture or natural hairstyles may amount to race discrimination under Title VII because these traits can be linked to race. However, EEOC guidance does not bind courts. An employer may face liability if a grooming policy harms one race more than others, unless the policy is job-related and required by business necessity.

What protections exist in Indiana specifically?

As of 2024, Indiana has no state CROWN Act. Employees mainly rely on federal Title VII for protection. Indiana’s Civil Rights Law, Ind. Code § 22-9-1-3, bans race discrimination but does not specifically protect hairstyles or grooming choices. This gap can make these claims harder to pursue. Workers may need to file complaints with federal agencies. They may also need evidence showing that a neutral-looking policy has a discriminatory racial impact.

How should you document biased policies?

Employees who believe their employer's grooming policy is discriminatory should start documenting immediately:
  • Save copies of written dress codes, employee handbooks and any workplace communications about appearance or grooming standards
  • Record each instance the policy was enforced, including the date, location and what was said or decided
  • Note any specific statements supervisors or managers made about natural hairstyles, including the date and context
  • Write down the names of any witnesses and a summary of what they observed
  • Store all personal copies of these records in a secure location outside of employer systems
A clear record of these events can establish a pattern of unequal enforcement and strengthen any complaint or claim challenging the grooming policy.

Indiana hairstyle rights remain unsettled

Indiana employees have limited and unsettled protections for natural hairstyles. Title VII may allow employees to challenge discriminatory grooming policies, depending on how employers write and enforce those policies and which legal theory applies. Indiana has not enacted a state CROWN Act and the law continues to evolve. The specific facts will determine the strength of a claim.  ]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[How gender bias affects performance review language]]> https://www.jhaskinlaw.com/?p=52896 2026-09-03T09:13:07Z 2026-09-03T09:13:07Z Gender discrimination laws may apply when gender bias affects employment decisions.

Common patterns in gendered feedback

Research shows that women often receive more subjective criticism about their behavior at work. A woman may hear that she seems abrasive, emotional or bossy when she speaks with confidence or takes charge. A man who acts in the same way may receive praise for showing confidence or leadership. The difference can also appear in the type of feedback employees receive. Women may hear that they need to improve their communication or leadership style without clear steps to follow. Men may receive more specific feedback about skills, projects and business results. This type of feedback can give employees a clearer path toward growth and advancement.

Legal weight of biased review language

Indiana law prohibits employers from making employment decisions based on sex. When performance reviews show repeated gender-based differences, those reviews may provide evidence of workplace discrimination. One comment may not prove discrimination on its own. A pattern can carry more weight. Comparing reviews for employees of different genders may help show whether supervisors apply different standards. Keep copies of performance reviews, emails and other records that document how your employer evaluates your work. If biased reviews affect a promotion, raise or termination, those records may help support a legal claim.

What to do if you notice biased feedback patterns

Pay attention to the language in your performance reviews. Ask whether the feedback focuses on your work and gives you clear ways to improve. Also consider whether coworkers of a different gender receive more specific or skills-based feedback for similar conduct or results. If you believe gender bias affects your career, an employment attorney can review your performance records, explain whether the pattern you have experienced may support a legal claim under Indiana or federal law, and help you decide whether and how to move forward.]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Is repeated pressure to retire a form of age discrimination?]]> https://www.jhaskinlaw.com/?p=52887 2026-08-14T13:20:16Z 2026-08-14T13:20:16Z What counts as unlawful pressure Workers should watch for specific behaviors that cross that line:
  • Frequent, unwanted questions about retirement timing
  • Sudden exclusion from meetings, projects or training
  • Poor reviews that show up only after age comes up
  • Younger staff receiving better assignments
  • Veiled threats about layoffs
Any of these signs, paired with age-related comments, deserves a closer look. Casual conversation about retirement plans rarely breaks the law. Actual trouble starts when a manager raises the topic repeatedly, links it to job security or adds comments about energy, tech skills or being “set in your ways.” Judges ask whether that pressure grew harsh enough that a reasonable worker would feel forced to quit. This pattern can support a constructive discharge claim, even without a formal firing.

The law behind the protection

Under federal law, the Age Discrimination in Employment Act shields employees aged 40 or older and applies to companies with 20 or more workers. Indiana maintains its own statute, though more limited, covering only companies with fewer than 20 employees and granting no individual right to seek damages in court. Both laws prohibit negative employment decisions rooted in age. Often, these can include termination, demotion, denial of opportunities or other harmful treatment. In some cases, repeated retirement pressure, along with other conduct, may support a constructive discharge claim. This theory applies when working conditions become so difficult that a person would feel compelled to resign.

Safeguard rights and career

Anyone who feels cornered into retirement should write down every conversation, including dates, exact words and witnesses. Both Indiana's Civil Rights Commission and the Equal Employment Opportunity Commission generally require individuals to file a charge within 180 days of the discriminatory act. Having legal counsel can help review a case in full, guard those deadlines and help a worker choose whether to stay, negotiate an exit or file a claim. No employee should have to trade their career for their dignity because of age]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[What is a microaggression?]]> https://www.jhaskinlaw.com/?p=52885 2026-07-26T16:14:27Z 2026-07-26T16:14:27Z Microaggressions can be difficult to spot because they are often relatively subtle. But they can certainly still be a form of discrimination or harassment, often based on protected classes, such as race, ethnicity, national origin, sex or gender. Many microaggressions are verbal, but they can also be nonverbal. They are usually minor interactions, but they reinforce the fact that one person is in a relatively marginalized group. In this sense, they can still be a part of discrimination in the workplace.

Framing insults as compliments

One common example of a microaggression is when someone makes a statement that sounds like it is a compliment, but there is actually an implied insult within that statement. For instance, say that someone from a certain ethnic background is told by a coworker that they speak impressively good English. The implication here is that the coworker believed someone with their racial background would not have a good grasp of the English language or would not be well educated. In many cases, there is not even any basis for this assumption. Regardless of that person's background, they may have lived in the United States their entire life. They may have had all of the same educational opportunities as their coworker, and English may be their native language. But they are still being marginalized based on physical characteristics, such as their skin color. As such, even though the statement was framed in a positive way, it could still be an example of racial discrimination.

What are your options if you are facing discrimination?

Workplace discrimination can take many forms, including microaggressions. If this happens to you, it can help to work with an experienced attorney to explore all of your legal options.  ]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[What to do if your employer ignores your accommodation request]]> https://www.jhaskinlaw.com/?p=52884 2026-07-23T16:20:56Z 2026-07-23T16:20:56Z Requesting a reasonable accommodation so you can work in spite of a disability is only the first step. If your employer does not respond or engage with your request, you do not necessarily have to start over or assume the answer is no. Here are some actions that can help if your accommodation request goes unanswered.

Follow up on your request

If you have not received a response after a reasonable amount of time, reach out to your employer and ask for an update. A polite follow-up can sometimes resolve a delay caused by scheduling, workload or an overlooked email. Whenever possible, communicate in writing. It creates a record of your efforts to discuss the request and makes it easier to refer back to previous conversations if needed.

Keep records of your communications

Saving your communications can help you show how your request was handled over time. Keep copies of anything related to the accommodation, including:
  • Your original request
  • Emails or letters you exchanged
  • Notes about conversations, including dates and who participated
Having organized records can make it easier to explain what happened if the issue continues or you need legal guidance later.

Continue participating in the interactive process

Under the Americans with Disabilities Act, employers and employees generally discuss reasonable accommodations through an interactive process.  If your employer responds after a delay, stay engaged in the conversation. Answer questions, provide requested information when appropriate and remain open to discussing different solutions. Taking part in these conversations demonstrates your willingness to move the process forward.

Consider your legal options

If your employer repeatedly fails to respond or refuses to engage in the interactive process, you may have grounds to explore your legal rights. Indiana employees also have protections under state anti-discrimination laws in addition to federal law, depending on the circumstances. An employment attorney can review your situation, explain your options and help you determine the most appropriate next step.

Protect your rights before the delay continues

An unanswered accommodation request does not always mean the process is over. Following up, keeping organized records and staying engaged in the conversation can help keep your request on track while showing that you are making a good-faith effort to find a solution. Taking these steps early can also help you respond more effectively if the delay continues or new concerns arise.]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Did your employer retaliate after you reported discrimination?]]> https://www.jhaskinlaw.com/?p=52883 2026-07-14T14:57:55Z 2026-07-14T14:57:55Z Retaliation is illegal even if your original complaint was not upheld You do not need to win your discrimination case to have a valid retaliation claim. The law protects you from negative action at work simply for reporting discrimination or taking part in an investigation, no matter how the original complaint turns out. This applies whether your complaint involved race, sex, age or another protected characteristic.

What counts as retaliation

Retaliation does not have to mean termination. The U.S. Supreme Court has defined it broadly as any action that would discourage a reasonable person from making or supporting a complaint. This can include demotion, a pay cut, a sudden change in schedule, exclusion from meetings or a hostile shift in how your supervisor treats you.

What you can do after retaliation occurs

If retaliation happens, consider documenting everything right away by saving relevant emails, noting the dates and details of each retaliatory incident, and writing down who said what and when. In Indiana, you generally have 300 days from the retaliatory act to file a charge with the Equal Employment Opportunity Commission. However, you must bring a state-level complaint to the Indiana Civil Rights Commission within 180 days. Missing either deadline can bar your claim entirely, so acting quickly matters.

Seeking guidance from an employment legal counsel

Retaliation cases often come down to timing and documentation. If you are unsure whether what happened to you qualifies as retaliation, speaking with an employment attorney in Indiana can help you understand where your situation stands and what options may still be available to you before any deadlines pass.  

 ]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Pregnancy discrimination when you’re not even pregnant]]> https://www.jhaskinlaw.com/?p=52880 2026-07-06T13:47:41Z 2026-07-06T13:47:41Z As an employee, if you become pregnant, you may be wary of pregnancy discrimination. Some employees are nervous to tell their boss, for example, because they fear losing their job or having their hours cut. They know that things like maternity leave or taking time off for medical appointments can be seen as a negative by their employer. For one thing, it is important to know that this type of direct pregnancy discrimination is illegal. But for another, you can actually face discrimination even if you are not pregnant.

Potential pregnancy

The thing to keep in mind is that discrimination based on a potential pregnancy is also prohibited. Just because a person has the capacity to become pregnant at some hypothetical point in the future does not mean that their boss can treat them differently. Women in general may face this type of pregnancy discrimination. If an employer refuses to hire all women simply to avoid any issues with maternity leave, it could be a form of gender discrimination. This can also be an issue for people in an age bracket where pregnancy is more likely. If someone is in their mid-20s and tells their boss that they just got married, their boss may assume that they are going to have children. If that assumption leads to discrimination, it is still pregnancy discrimination, even if that employee never wanted to have children in the first place. If you have faced any of these types of discrimination on the job, be sure you understand all of the legal options at your disposal.  ]]>