labor lawAdivision of labor law center

It’s illegal for employers to discriminate against their employees on the basis of sex in Tennessee.  Sexual discrimination law in the workplace for Tennessee is outlined in the state’s Human Rights Act.

According to this state law, employers are those who have eight or more employees.  This includes the State of Tennessee as well as its political and civil subdivisions and anyone acting as an agent for any employer.  This differs from federal law because Title VII only applies to those employers who have fifteen or more employees.  State law defines “employees” as those who work for the employers, as defined above, except for those in domestic service of their employer and those employed by their parents, spouse or child.

Under this Human Rights Act, employers are prohibited form making job-related decisions on the basis of the employee’s sex.  These decisions include hiring, firing and determining job conditions such as terms, privileges and compensation.

If you want to file a complaint against your employer, you need to contact the Tennessee Human Rights Commission within 180 days of the alleged discriminatory act.  You’ll have to complete an Employment Discrimination Questionnaire.  Then, the Commission will send a copy of your complaint to your employer and give him or her a chance to respond to it.

From there, an investigator will gather information about the incident and then decide if you have reasonable cause to believe that your rights have been violated.  If there is reasonable cause, you and your employer will enter a settlement phase.  If these negotiations fail, the case will go to a public hearing.

If you want to take your case to the federal or state courts instead of the Tennessee Human Rights Commission, you’ll need to file with the EEOC or the Commission and request a “Right to Sue” letter.

Employers and employees need to stay informed about their rights and responsibilities when it comes to sexual discrimination in the workplace.  Employers should also keep a Tennessee Complete Labor Law Poster available for the employees in the workplace.

 

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