Discrimination

Indiana Supreme Court accepts 1 case on transfer

April 25, 2016
IL Staff
The Indiana Supreme Court granted transfer in one case last week that it decided Friday, unanimously denying the 12 others that were up for transfer.
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Supreme Court clarifies employment discrimination case

April 25, 2016
Scott Roberts
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
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7th Circuit: Prison honor program does not discriminate

April 15, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed dismissal of an Indiana prisoner’s claim that he wasn’t being provided equal protection compared to prisoners who are in an inmate “honor program” because he failed to state a claim.
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Lesbian spouses challenge Indiana birth certificate law

April 11, 2016
 Associated Press
An attorney for eight married lesbian couples argued Friday that the state of Indiana is discriminating against them by not allowing both women to be listed on their children's birth certificates, echoing a dispute that has led to similar lawsuits in several other states.
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Women allege gender, race discrimination at Salesforce

April 8, 2016
Jared Council, IBJ Staff
Two women employed in the Indianapolis offices of Salesforce.com Inc. have filed federal discrimination lawsuits against the cloud-software giant, claiming the company passed them over for promotions on multiple occasions because of their race and gender.
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US: Clinic discriminated against man with HIV

April 8, 2016
 Associated Press
The U.S. Justice Department says South Bend pain management clinic will pay $20,000 to a person with HIV that it refused to treat to settle allegations of discrimination.
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7th Circuit: No discrimination in firing

April 7, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.
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5 players accuse US soccer federation of wage discrimination

March 31, 2016
 Associated Press
Five stars from the World Cup-winning U.S. women's national team have accused the U.S. Soccer Federation of wage discrimination in an action filed with the federal Equal Employment Opportunity Commission.
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Waterfill: EEOC alleges gender discrimination in 2 suits

March 23, 2016
Mark Waterfill
In light of development in gender discrimination cases, what should wise employment counsel advise clients to do?
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EEOC settles disability complaint against Subway franchisee

March 15, 2016
IBJ Staff
The operator of five Subway restaurants in the Indianapolis area has agreed to pay $50,000 to settle a discrimination suit brought by the U.S. Equal Employment Opportunity Commission.
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ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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Kokomo council backs sexual orientation protections

March 8, 2016
 Associated Press
Officials in Kokomo have given initial approval to making it the latest Indiana city to ban discrimination based on sexual orientation and gender identity.
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Judge blocks Indiana's Syrian refugee order

March 1, 2016
 Associated Press
A federal judge in Indianapolis on Monday blocked Republican Gov. Mike Pence's order that barred state agencies from helping Syrian refugees resettle in Indiana, saying the governor's directive "clearly discriminates" against refugees from the war-torn country.
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Co-op discriminated against disabled renter, suit claims

February 8, 2016
Dave Stafford
A daughter and care provider for her quadriplegic mother who was denied housing at a south side Indianapolis housing cooperative has sued in federal court, claiming the apartment management violated state and federal housing and anti-discrimination laws.
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Nightingale Home Healthcare sues state, feds alleging discrimination

February 5, 2016
IBJ Staff
Carmel-based Nightingale Home Healthcare Inc. said Friday it has filed a lawsuit against state and federal officials after Medicare sought to stop payments to the firm for allegedly putting patients in “immediate jeopardy.”
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Gay rights bill dies after author withdraws legislation

February 2, 2016
IBJ Staff
The Indiana Senate won’t act on a controversial bill meant to extend some civil rights to gay and lesbian Hoosiers, effectively killing the legislation for the session.
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Sexual discrimination lawsuit against WTLC owner thrown out

January 18, 2016
Anthony Schoettle, IBJ Staff
A sexual discrimination lawsuit filed by a fired employee of Indianapolis stations WTLC-FM and WTLC-AM has been thrown out by the judge in the case.
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Business leader voices concern over Pence's LGBT stance

January 18, 2016
 Associated Press
A prominent Indiana business leader is voicing concern that Gov. Mike Pence's newly revealed stance prioritizing religious freedoms over LGBT rights will not help "close the book" on a tumultuous period that thrust the state to the center of a culture war and threatened to harm its image.
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Court rejects women’s discrimination claims against Eli Lilly

January 14, 2016
Marilyn Odendahl
Calling the conduct of an Eli Lilly supervisor “inexcusable and offensive,” a federal court nonetheless found the discrimination claims made by three former female employees did not have merit.
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Senate bill would protect sexual orientation, punt on gender identity

January 7, 2016
Hayleigh Colombo, IBJ Staff
A Republican state senator’s answer to the debate over gay rights and religious freedom would protect gay, lesbian and bisexual Hoosiers from employment, housing and public accommodations discrimination but would exclude transgender people and punt the debate on their issues until next year.
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Lender discrimination may be pushing black churches into bankruptcy

December 24, 2015
 Bloomberg News
A long line of research shows that black consumers pay higher rates for credit, including mortgages and car loans. A new study by an Indiana University Maurer School of Law professor suggests the same kind of financial discrimination may apply to black churches.
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Fired paramedic with diabetes settles discrimination case

December 21, 2015
 Associated Press
A former fire department paramedic has settled a civil rights claim for $725,000 after being fired because of two health episodes related to diabetes, her attorneys announced Saturday.
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150 businesses in group pushing for Indiana LGBT protections

December 2, 2015
 Associated Press
A large coalition of Indiana businesses is calling on Republican Gov. Mike Pence and the GOP-controlled Legislature to put LGBT civil rights protections into state law.
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Pence says he hasn't reviewed GOP bill on LGBT rights

November 17, 2015
 Associated Press
Republican Gov. Mike Pence says he has not reviewed a GOP proposal to address LGBT rights as well as religious protections during the coming legislative session.
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Hotels must pay EEOC legal fees for contempt of consent decree

November 12, 2015
Dave Stafford
Companies that own an east side Indianapolis hotel have been ordered to pay the Equal Opportunity Employment Commission $57,248 in attorney fees and costs after violating a consent decree settling a race discrimination lawsuit.
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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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