Stephanie Jane Hahn, Attorney at Law PC Indiana Employment Law Attorney | Indianapolis Workplace Discrimination 2026-08-30T19:01:36Z https://www.stephaniehahn.com/feed/atom/ WordPress /wp-content/uploads/sites/1300310/2023/04/cropped-favicon-32x32.png On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Can sexual harassment occur during a video meeting?]]> https://www.stephaniehahn.com/?p=49390 2026-08-30T19:01:36Z 2026-08-30T18:48:11Z Examples of harassment in video meetings For remote workers in Indianapolis and across the country, the fact that the meeting happens on a screen does not make rude or sexual conduct acceptable. The following are examples of conduct that may qualify as harassment in a video meeting:
  • Someone appearing partially unclothed on camera
  • A sexually explicit virtual background or shared screen
  • Comments about your appearance, clothing, home or living space
  • Unwanted private messages sent to you during the meeting
  • Crude jokes or sexual comments in the chat
  • A supervisor suggesting job benefits depend on accepting their advances
Not every offensive comment will meet the legal standard for harassment, but repeated or serious conduct may. The facts matter, including who made the comment, how often it happened and whether it affected your work.

How to document and report video meeting harassment

If this happens, save the chat messages, take screenshots and write down what was said. Report the conduct through your employer’s process if you can do so safely. If the behavior continues or your employer does not respond, you may want to speak with an employment lawyer about your options. Online meetings should still follow the same basic workplace rules. When someone crosses the line during a video call, the same legal protections that apply in a physical office apply online and the same steps are available to you.]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Can succession planning become age discrimination?]]> https://www.stephaniehahn.com/?p=49389 2026-08-16T15:08:41Z 2026-08-16T15:08:41Z You have spent years building expertise, mentoring colleagues and delivering results. Then your employer starts talking about "the future of the team," your responsibilities quietly shrink and a younger colleague gets groomed for the role you assumed was yours. Succession planning is a normal part of running a company, but it can cross a legal line when age drives the decisions. Knowing where that line falls helps you tell an ordinary transition apart from something you should challenge.

Age-based decisions in succession planning

Succession planning helps organizations prepare for leadership changes, and there is nothing unlawful about it. The trouble starts when age becomes the reason an employer pushes someone aside. The Age Discrimination in Employment Act (ADEA) protects workers who are 40 and older at companies with at least 20 employees, and the Equal Employment Opportunity Commission spells out the federal rules on age bias that cover promotions, assignments and pay. Indiana law extends similar protection to employees at smaller companies. If leadership blocks your advancement because it assumes older workers are winding down, that reasoning may break the law. Still, employers can make legitimate choices based on performance or business needs, so the motive behind a decision matters.

Retirement pressure and age-related comments

Language often reveals what a decision is really about. Repeated questions about when you plan to retire can signal that managers expect you to step aside. Remarks about wanting "fresh energy" or calling you "set in your ways" point the same direction. A single offhand comment rarely proves anything, but a steady pattern of age-focused talk can support a claim. Note what gets said, who says it and when.

Career setbacks during succession planning

Age discrimination usually shows up in concrete losses rather than words. You might lose a promotion to a far less experienced candidate or watch your duties shift to someone decades younger. Some employers dangle early retirement packages that feel more like ultimatums than offers, and federal law surrounds these waivers with legal protections for older workers that set strict conditions before anyone signs away the right to sue. Others quietly cut you out of training that would keep your skills current. Each move can ease an experienced employee toward the exit while the company avoids an obvious firing.

Evidence of a broader age-based pattern

One incident can be tough to challenge on its own, so context carries weight. Look at whether the company has repeatedly favored younger workers for promotion or eased out several older employees in a short window. Reviews that suddenly sour after years of strong marks can also reveal a shift. The law does let employers act on reasonable factors other than age, such as genuine performance problems, so a clear record pointing to age as the real driver strengthens your position.

Protecting the career you have built

Telling fair planning apart from age discrimination puts you back in control. If the pattern points to age, start writing down dates, comments and decisions today, because a clear timeline is the strongest protection you have. That one habit turns a vague sense of unfairness into evidence you can act on when it counts.]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Can employers use comp time to avoid overtime pay?]]> https://www.stephaniehahn.com/?p=49387 2026-08-12T14:54:29Z 2026-08-12T14:54:29Z No, private-sector employers are not allowed to use comp time under Indiana law. There are some situations in which public-sector employees can be given comp time in lieu of overtime payment. But for most employees across the state, comp time should not be used. Rather than giving the employee additional time off, employers are obligated to pay them 1.5 times their standard rate. This is actually why many workers are eager to take overtime hours if they can get them, as it can dramatically increase their pay during the week. Employers need to pay them appropriately, based on their hourly wage, and should not try to skirt these laws by offering them other types of compensation.

What is comp time?

Compensatory time off is something that employees should recognize if it is offered to them. It essentially means that the worker will be given additional time off to balance the hours that they worked. For instance, an employee may work 45 hours during the week. Their boss then tells them to come in five hours late on the following Monday. Their boss believes that this evens things out so that they can be paid their standard wage for the entire time. Not only is this prohibited for private-sector employees, but it would not even be an even exchange. Because that employee should have been paid time and a half, giving them five hours off would only pay them at their standard rate. They would actually need 7.5 hours off to make up for the same amount of pay.  But again, most employers are not allowed to offer this type of exchange in the first place.

Wage and hour violations

Have you been offered comp time or manipulated into using it so that you do not get paid the amount you are due? If so, it is important to understand wage and hour laws and your legal options.  ]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[The “likability penalty” for women in the workplace]]> https://www.stephaniehahn.com/?p=49386 2026-08-04T22:04:14Z 2026-08-04T22:04:14Z When leadership expectations are not applied equally Research has shown that women in leadership positions may face what experts call the "likability penalty." According to the nonprofit organization Catalyst, women who display traditionally assertive leadership traits are more likely than men to be viewed as less likable or less approachable, even when demonstrating the same behaviors. This reflects a broader phenomenon known as gender bias, where workplace expectations can differ based on gender rather than job performance. These perceptions may influence hiring decisions, leadership opportunities and performance evaluations in subtle but meaningful ways. The impact of these biases can extend throughout a person's career. Statistics shows that women continue to be underrepresented in many senior leadership positions despite making up nearly half of the workforce. Studies published in the Harvard Business Review have also found that women are often evaluated on both competence and warmth, while men are more frequently judged primarily on their competence. As a result, women may feel pressure to carefully manage how they communicate, negotiate or supervise others in ways that their male colleagues do not.

Proving employment discrimination in these cases

Federal and state laws prohibit employment decisions based on sex, including discrimination involving hiring, promotions and workplace treatment. However, proving discrimination can be difficult when bias appears through subjective evaluations or inconsistent standards rather than explicit policies. Patterns such as repeated denial of advancement, unequal discipline or different expectations for similar conduct may warrant closer examination. If you believe you have been treated differently because of your gender or have experienced unfair treatment at work, learning about your legal rights is an important first step. Speaking with a legal professional can help you better understand your options and determine the best path forward for your situation.]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[What happens to bonuses during FMLA leave?]]> https://www.stephaniehahn.com/?p=49384 2026-07-31T08:30:58Z 2026-07-31T08:30:58Z Family and Medical Leave Act, a federal law that applies in Indiana, does not guarantee every incentive pay during an absence, but it generally requires employers to apply their policies consistently.

When FMLA leave may affect a bonus

Employers often tie bonuses to specific goals, such as:
  • Meeting a required sales quota
  • Completing required billable hours
  • Maintaining a perfect attendance record
If FMLA leave prevents you from meeting a stated goal, your employer may withhold the payment if it applies the same standard to employees taking comparable leave not covered by FMLA, such as paid vacation, sick time or unpaid personal time off. An incentive based on sales or other work results can be reduced or denied based on your performance. Some plans calculate a partial payment based on the time you worked, but the FMLA does not require this approach. A perfect attendance bonus may also be denied unless the employer excuses similar non-FMLA absences.

Reviewing whether you earned the payment

Indiana wage law may protect incentive pay that qualifies as earned compensation, although not every incentive meets that legal definition. The plan’s terms and the discretion it gives your employer over payment can influence the outcome. Use this checklist to understand how your employer calculated your payment:
  • Read the written bonus plan and its eligibility rules.
  • Compare the policies for FMLA leave and similar absences.
  • Review emails, pay stubs and earlier payment records.
  • Request a written explanation for any reduction or denial.
These records can show whether you met the required goals or whether the company applied its policy consistently. If your employer treated your absence differently or withheld an earned bonus, understanding your FMLA rights in Indiana may help you consider your legal options.

When you earned the bonus may matter

A payment issued after your absence can still reflect work you completed beforehand. The payment date is not always the same as the date you earned it. Identifying when you satisfied the plan’s requirements can help clarify whether the issue involves protected time off, unpaid compensation or both.]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Have you experienced an illegal pay cut?]]> https://www.stephaniehahn.com/?p=49382 2026-07-10T15:15:29Z 2026-07-10T15:15:29Z In and of itself, a pay cut is not inherently illegal. Workers do sometimes find out that their wages are going to be reduced. Their employers certainly may have the authority to make this reduction. But there are ways that a pay cut could become illegal. This can often cause wage and hour disputes. For example, if your employer announces that they are cutting your pay retroactively, meaning you will be paid less than you thought for hours you already worked, doing so is illegal. All your employer has the right to do is inform you of a pay change that applies to the future. You are not obligated to continue working at the lower wage, so you have to agree to the pay reduction, and you must be informed of it in advance.

What is the reason for the pay reduction?

You may also find yourself wondering why your pay is being reduced. If the reason for the reduction is itself illegal, that could also be problematic. For instance, perhaps you have been experiencing racial discrimination on the job. You came to your employer with a report of the discrimination or harassment you faced. In response, your employer told you that your pay was going to be cut or your hours were going to be reduced. In a situation like that, you could argue that your pay cut is a form of illegal retaliation for bringing forward a valid claim of discrimination on the job.

Understanding your legal options

Situations like this can become complicated, whether you are dealing with discrimination claims, wage and hour disputes or both simultaneously. Make sure you know exactly what legal options you have.  ]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Tip pooling is legal in Indiana]]> https://www.stephaniehahn.com/?p=49381 2026-06-30T03:00:13Z 2026-06-30T03:00:13Z Tip pooling is the process of combining tips that were earned and then distributing them among the workers. For instance, a local brewery may have five members of the wait staff at work one evening. Instead of directly keeping the tips that are given to them, they put those tips into a general pool and then split them into even fifths. This process is legal in Indiana. It can sometimes be controversial. Employees may feel that they are entitled to the tips that they earned directly, and they may be resentful of having to share those tips with other workers, especially if those workers brought in a lower amount of tips themselves. From a legal perspective, though, if an employer wants to use a mandatory tip pool, they can do so.

Who can be included?

One of the most common reasons for conflict over tip pools is that ineligible individuals may be included in the pool. As a general rule, managers, supervisors and employers cannot take money out of the pool. For example, the hypothetical brewery owner noted above cannot include themselves in the tip pool and then split those tips six ways, keeping a portion for themselves. They have not directly earned those tips and are not entitled to them, even though they own the business. Only the actual employees at the business, who earned the tips from customers, should be included. As an employee, you may believe that the tip pool has been set up unfairly or that your tips are being taken by your employer without the legal authority to do so. If you find yourself in this position, it could be a serious violation of wage and hour laws, and you need to know what steps to take.]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Is “culture fit” a euphemism for workplace bias?]]> https://www.stephaniehahn.com/?p=49380 2026-06-19T13:00:55Z 2026-06-19T13:00:55Z What does "culture fit" actually mean? Your employer may use culture fit to describe employees who match the company's values or preferred ways of working. The term may refer to qualities such as:
  • Collaborating effectively with coworkers
  • Communicating in ways leadership prefers
  • Supporting the company's goals
  • Adapting to established workplace practices
You may hear the term in interviews, performance reviews or discussions about promotions. Because culture fit is not a legal term and has no standard definition, the explanation you receive may depend on who is making the decision.

When culture fit may raise questions about workplace bias

Because culture fit lacks a clear definition, you may find it difficult to separate concerns about performance from personal impressions. In some workplaces, subjective judgments can play a role in decisions about hiring, promotions or continued employment. For example, your employer may describe a female colleague as too assertive when they seek a leadership role even though it praises a male colleague for displaying similar qualities. You may hear comments about wanting fresh energy or a different perspective as an experienced employee. You may also be seen as less committed because you do not participate in after-work social activities despite meeting expectations in your role.

Signs that may deserve a closer look

Certain circumstances can make a culture fit explanation seem less connected to your job performance:
  • Receiving positive evaluations but repeatedly losing promotions
  • Hearing concerns about fit without specific examples of performance problems
  • Seeing culture fit issues arise after reporting workplace misconduct
  • Watching leadership positions consistently go to employees with similar backgrounds
These circumstances do not establish discrimination by themselves. They can, however, leave you with questions about whether subjective standards influenced workplace decisions.

Looking beyond the phrase

Company culture plays an important role in how organizations operate. Employers may seek employees who share workplace values and can work effectively with others. At the same time, broad statements about culture fit can be frustrating when they do not include specific concerns about your work or performance. If you consistently hear that you are not a good fit despite meeting expectations, it is understandable to question whether personal perceptions played a role in the decisions affecting your career.]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[What is an offensive image or material in the workplace?]]> https://www.stephaniehahn.com/?p=49379 2026-06-17T17:27:49Z 2026-06-17T17:27:49Z The U.S. Equal Employment Opportunity Commission (EEOC) and the Indiana Civil Rights Commission prohibit activities that create a hostile work environment. One such activity is displaying offensive images or materials in the workplace. This is considered workplace harassment in Indiana. But what constitutes an offensive image or material?

Sexual, hateful or prejudiced material

An image or material that creates a hostile or abusive work environment because it’s sexually explicit or racially/ethnically offensive can be classified as offensive. Examples include:
  • Offensive cartoons, photographs, graffiti, posters, screensavers or objects
  • Hate symbols
  • Pornography, sexually suggestive drawings or lewd photos
Displaying or sending these images or materials can be harassment. For instance, when an employee displays an offensive object on their desk/a sexually explicit image as their computer’s screensaver. Or when they share an inappropriate image, email or AI-generated visual to another employee. Surprisingly, it’s not that uncommon for an employee to walk into a colleague or a supervisor watching pornography. Moreover, some employees often share suggestive photos or memes through company email or messaging apps. A few workplaces have been reported to tolerate visual harassment, particularly workplaces in male-dominated fields, those with a boys’ club culture and those without a dedicated Human Resources (HR) department. These workspaces are more likely to have offensive posters in cubicles, sexually suggestive pin-up calendars in shared areas or communication platforms where inappropriate memes are frequently shared.

What can you do if you experience visual harassment?

Document the incident – take screenshots of photos, save emails or write down the details of the harassment. Then, report internally to have the matter investigated. Your employer should address the situation appropriately. It’s also vital to understand your external options to protect your rights. ]]> On Behalf of Stephanie Jane Hahn, Attorney at Law PC <![CDATA[Is wrongful termination still possible with at-will employees?]]> https://www.stephaniehahn.com/?p=49376 2026-06-04T20:32:22Z 2026-06-04T20:32:22Z illegal reason still cannot be used. If it is, then it may be a wrongful termination and a violation of the employee’s rights.

What are illegal reasons for termination?

There are some illegal reasons for termination. The first is discrimination. If an employee is fired because of their race, religion, national origin or other protected characteristics, then that could be an illegal termination. Employers cannot discriminate, even if there are no employment contracts in place. Another example is retaliation if an employee reports illegal activity in the workplace. Say that an employee reports sexual harassment from a manager, but the CEO just decides to fire the employee who made the report. That too could be a wrongful termination because it is a form of illegal retaliation.

Starting a wrongful termination lawsuit

Even if you are an at-will employee, you may believe that your rights were violated when you lost your job, and you may be correct. If that is the case, you likely can pursue legal action. It is very important for you to understand exactly what legal steps you can take at this time.]]>