Get help with Workplace Harassment

National and Tennessee employment laws exist to protect employee dignity and to prevent workplace harassment and discrimination, especially when the cause of the inappropriate workplace conduct is the employee’s protected status. Protected status covers most minority statuses, including national origin, race, religion, disability, sex or pregnancy. Under national and Tennessee workplace laws, employment decisions such promotion, termination or pay are required to be based on merit, not on one’s protected status.

Of these protected statuses, sex-based discrimination is the most common form of workplace harassment reported. Despite its prevalence, the standards for a Tennessee sexual harassment lawsuit are strict and put the burden of proof on the employee and his or her attorney. The infrequent off-color or offensive joke or comment, sexual advance or undesired hug or touch is rarely enough to qualify a discrimination or sexual harassment case in Tennessee.

What Qualifies as Sexual Harassment

Sexual harassment must be severe and pervasive. The three typical categories of workplace sexual harassment are:

• Egregious sexual conduct – Tennessee employer forces or consistently makes sexual advances or unwanted statements
Quid pro quo – Tennessee employer offers job-related benefits in exchange for sexual acts
• Hostile work environment – Tennessee employer allows overtly sexual work environment, such as emailing or displaying derogatory images or inappropriate advances or conduct, to persist despite documented complaints

Sexual harassment is not limited to a male boss harassing his female employee, but harassment not of a discriminating nature does not qualify as sexual harassment. Your coworkers and your boss do not have to like you, make your life easy or treat you fairly. It is not illegal for your boss to yell at you or be mean. Despite its fundamental unfairness, you must prove this meanness or unfairness is based on your protected status for the actions to be illegal. 

Proving Sexual Harassment in Tennessee Court

A number of federal and Tennessee laws protect employee rights against workplace harassment and discrimination. Despite these protections, discrimination still occurs with too frequently in Tennessee, but proving in court that an employee was terminated or suffered from discrimination because of his or her protected status requires significant evidence.

While workplace discrimination does occur during the hiring process, most discrimination cases that a workplace attorney can pursue are those dealing with pay and other policies that have a material effect (loss of wages, denial of promotion, etc.) on a Tennessee employee of protected status.

Unintentional Harassment is Still Harassment

Not all workplace discrimination takes on the meanness or severity of harassment. While the idea of dirty jokes or outright bigotry is commonly associated with workplace discrimination, other employment discrimination cases exist where protected status discrimination was considered unintentional.

Sometimes pay practices and incentives have unintended consequences that place someone of a protected status at a disadvantage. In a famous age discrimination class action, it was found a city police force was discriminating against its officers protected under the Age Discrimination in Employment Act of 1967 (ADEA) because the city paid bonuses to officers with fewer years of service as an incentive to attract and keep new officers. But this had the unintended consequence of putting its older, protected officers at an economic disadvantage which the Supreme Court recognized and awarded pay compensations.

While some employment policies bear no malice, they can have the unintended effect of privileging one group over another for reasons other than work performance.

Reporting Illegal Sexual Harassment or Discrimination

Often, an employee will be punished for reporting sexual harassment. This type of conduct is illegal under Tennessee and Federal law. If you have been transferred or given reduced responsibilities or fewer hours or a different job title after making a sexual harassment complaint–you might have a claim–even if your sexual harassment claim did not qualify for money damages.

In Tennessee, your employer may not take any form of retaliatory action if you seek legal counsel with a qualified workplace attorney to report discrimination at your workplace.

Legal Help for Discriminated Tennessee Employees

The Higgins Employment Law Firm can help you receive restitution from your employer. This may include back pay, compensatory damages (including “front pay,” or the money you would have earned if you stayed employed), reinstatement, promotion and/or accommodations.

For a free evaluation or to speak with a Tennessee employment lawyer about your workplace discrimination claim, contact Jim Higgins.