Tennessee ( TN ) Employment Discrimination Law in the Workplace

August 25th, 2006 Posted by Karen

My research has shown me that Tennessee’s employment discrimination laws in the workplace are much like those of many states who need to lure businesses into their state. These statutes provide minimal protection against discrimination, but do not really expand on federal employment discrimination laws in the workplace. The one thing that stands out to me about Tennessee’s statutes is that they have specifically stated that it is illegal to discriminate against people who have a visual disability. Of course, this is covered by federal disability laws, but is not specifically named.

Tennessee’s employment discrimination laws in the workforce make it illegal to discriminate on the basis of age, color, creed, national origin, physical, mental or visual disability, race, religion, or sex. These statues also make smaller businesses (8 or more employees) accountable where the federal government only holds businesses with 15 or more employees accountable.

Claims in Tennessee can be filed with one of two agencies: the state agency, the Tennessee Human Rights Commission (THRC), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at one of two offices: Memphis (901) 544-0115 or TTY: (901) 544-0112n and Nashville (615) 736-5820 or TTY: (615) 736-5870. The THRC can be contacted at one of the following offices:

  • General Information Statewide
    Phone: 800-251-3589
  • Nashville
    Phone: (615) 741-5825
  • Memphis
    Phone: (901) 543-7389
  • Chattanooga
    Phone: (423) 634-6837
  • Knoxville
    Phone: (865) 594-6500
  • Jackson
    Phone: (901) 265-7017 or (901) 265-7018
  • Tri-Cities
    Phone: (423) 247-4989

Claims through the THRC must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the THRC and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. Tennessee does not require you to file with the THRC before you file a case in the state courts, but the federal courts do require that you file your claim through the EEOC before you are able to file in the federal court system. Additionally, the EEOC must release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. Lawsuits filed in Tennessee’s state court system have a one year time limit from the time the discriminatory act occurred.

Tennessee’s employment discrimination laws in the workplace do give workers a minimal coverage and provide a state-supported agency to aid in the investigation and resolution of discrimination claims, but they do not proved a broader coverage than those that the federal government provides.

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Posted in Discrimination, Employment Laws, Hostile Environment, Tennessee

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