Employment Law Office of John H. Haskin & Associates, LLC Indianapolis Employment Law Attorney | Employee Rights 2026-09-08T06:43:56Z https://www.jhaskinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504200/2024/09/cropped-jh-site-icon-32x32.jpg 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.  ]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[How can retaliation affect an employee?]]> https://www.jhaskinlaw.com/?p=52879 2026-06-25T17:31:21Z 2026-06-25T17:31:21Z Other ways retaliation can affect employees Retaliation can also affect an employee’s reputation, which can transfer away from their current company in some industries. Unwarranted writeups or critical evaluations can suggest that an employee isn’t a team player, which may appear unfavorable for advancement or alternative employment opportunities. The personal impact on an employee can be just as serious. Employees who go through retaliation can feel distracted or anxious, which can carry over into their personal lives. They may also begin to feel self-conscious at work.

Addressing retaliation in the workplace

Employees who believe they were retaliated against should collect as much documentation as possible. This could mean keeping copies of favorable job reviews or other accolades that show negative employment actions weren’t warranted. Any ties between the protected activity and the negative employment action should be kept since can help to prove that retaliation occurred. It may be beneficial for employees in this position to work with a legal team that can assist with working through the legal process, partially because swift action is critical since time is limited for these cases.]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Age discrimination myths that prevent employees from taking action]]> https://www.jhaskinlaw.com/?p=52878 2026-06-11T22:59:38Z 2026-06-11T22:59:38Z Myth #1: Age discrimination only affects people near retirement age Many people believe that only people in their 60s or nearing retirement are victims of age discrimination. However, workplace bias can affect workers at different stages in their careers. An employee in their 40s or 50s may be passed over for promotions, excluded from training opportunities or replaced by a younger worker despite strong performance. Under federal law, age discrimination protections generally apply to employees and applicants who are 40 and older.

Myth #2: If you were laid off during a reduction in force, you can’t pursue an age discrimination claim

Employers are typically allowed to conduct layoffs and workforce reductions as needed for business operations. However, a layoff doesn’t automatically eliminate the possibility of age discrimination. There could be substantial evidence of age-related bias when older employees are disproportionately affected, when younger workers are retained despite similar qualifications or when a company uses age-related stereotypes in workforce decisions.

Myth #3: Age-related jokes are harmless

Workplace camaraderie is common among employees, and it can include good-natured joking. Therefore, it’s understandable that comments such as “you’re old school,” or repeated retirement jokes may seem harmless to some people. However, age-based remarks can contribute to a hostile work environment -- especially when they are frequent or tied to workplace decisions. Not every inappropriate comment violates the law, but recurring age-related jokes can be significant evidence when considered alongside other workplace conduct. Many employees hesitate to take action when faced with age discrimination because they are unsure whether they’re overreacting or what evidence is required. Rather than live with uncertainty, you should contact a legal professional. They can analyze your situation and help you better understand your rights and available options.]]> On Behalf of Employment Law Office of John H. Haskin & Associates, LLC <![CDATA[Signs your employer is shorting your overtime pay]]> https://www.jhaskinlaw.com/?p=52877 2026-06-09T08:28:51Z 2026-06-09T08:28:51Z You clock more than 40 hours most weeks, yet your paycheck never reflects the extra time. If that sounds familiar, your employer may be cutting corners on the overtime you earned. Many workers never question it because they assume a salary, job title or workplace policy settles the matter. It often does not. Here are signs the math may not be in your favor.

Salaried does not always mean exempt

A salary alone does not make you exempt from overtime. To qualify, you generally must earn above a set salary floor and perform executive, administrative or professional duties. The U.S. Department of Labor currently sets that floor at $684 a week, about $35,568 a year, and Indiana state law aligns with this federal baseline. If your pay falls below that, or your tasks look nothing like management, the federal overtime standard and state wage laws may still entitle you to time-and-a-half.

Your off-the-clock hours never reach the timesheet

Overtime covers all the time you actually work, not just your scheduled shift. Setting up before you clock in, finishing tasks after you clock out or answering messages from home all count. When an employer quietly trims those minutes, the financial loss can become significant over months of repeated underpayment.

Your boss averages two weeks together

Overtime depends on each separate workweek, so a 50-hour week followed by a 30-hour week is not a wash. You generally earned 10 hours of overtime that first week, regardless of how light the next week became. Averaging two weeks to dodge the premium is a common payroll tactic, and recovering unpaid overtime wages often starts with recognizing that calculation problem.

You get comp time instead of overtime pay

Some employers offer time off instead of overtime pay. In most cases, private-sector employers cannot swap comp time for the overtime wages you earned. Public agencies follow different rules, so the exception depends on your employer and the legal structure of your workplace.

Your employer leaves bonuses out of the math

Your overtime rate may include more than your usual hourly wage. Extra pay tied to performance, shift timing or sales can sometimes change the rate used to calculate overtime. When an employer leaves those amounts out, each overtime hour may be worth less than the law requires.

What to do if the numbers do not add up

For families counting on every paycheck, shorted overtime is no small thing and rarely a one-time mistake. If you notice these patterns, coworkers beside you may be losing wages too, and the law often lets affected employees pursue claims together. Deadlines apply, generally two years or three for a willful violation, so the most common approach to protecting hard-earned wages is keeping an independent, detailed log of hours and speaking with an Indiana employment attorney to review available options.]]>