Sec. 7. (a) An individual aggrieved by what the individual believes is a violation of section 6 of this chapter may bring a civil action in a court with jurisdiction against a public or private employer or a public official that is alleged to have violated section 6 of this chapter.

     (b) If a person is found by a court in an action brought under subsection (a) to have violated section 6 of this chapter, the court may do the following:

Terms Used In Indiana Code 34-28-8-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • private employer: means :

    Indiana Code 34-28-8-3

  • public official: means an elected or appointed official in the executive, legislative, or judicial branch of the state or a political subdivision, as well as an individual acting on behalf of a public employer, whether temporarily or permanently, including but not limited to, members of boards, committees, commissions, authorities, and other instrumentalities of the state or a political subdivision. See Indiana Code 34-28-8-5
(1) Award:

(A) actual damages;

(B) court costs and attorney‘s fees; and

(C) in the case of a knowing and willful violation, exemplary or punitive damages;

to the prevailing plaintiff.

(2) Enjoin further violations of this chapter.

As added by P.L.17-2011, SEC.2.

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