labor lawAdivision of labor law center

In Tennessee it’s illegal to discriminate against workers. The Tennessee state discrimination posters explain the rights and protections workers have under both federal and state law. These posters must be displayed in an area of the workplace where employees will be able to easily see them. Failure to correctly display the Tennessee state discrimination posters is against the law.

The Tennessee state discrimination posters explain the types of discrimination that are illegal in the workplace. No employee can be discriminated against because of his/her race, religion, color, creed, age, sex, national origin, or handicap. For these reasons a worker can’t be fired, denied a promotion, not hired, not recruited, or denied any other rights or privileges that go along with employment. Any employer with eight or more employees must follow these anti-discrimination laws. However, all employers with one or more employees must follow the anti-discrimination laws for anyone with a handicap.

The Tennessee Human Rights Commission enforces the laws that are outlined on the Tennessee state discrimination posters. Any person believing he/she has been discriminated against should file a complaint with the Commission. The complaint can be filed by the alleged victim by calling or personally visiting the nearest Tennessee Human Rights Commission office. The discrimination must be filed within one hundred and eighty days from the time of the last incident of discrimination. The complaint will be received by an Intake Review Officer. The claim will be reviewed to make sure it qualifies and then an investigation will begin. The investigation could take as long as six months.

The employer must ensure that the Tennessee state discrimination posters are displayed in the correct area. The employees must make sure they know where the posters are located and what information is on the posters. These posters are very important to recognizing and avoiding discrimination in the workplace.

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.

If you are a worker in Tennessee and are 40 or older, you have a resource in the state government designed especially to assist you. The Tennessee Department of Labor & Workforce Development sees the older worker as “experienced” and “exploring” a new work landscape.

This special division is targeted toward Baby Boomers, those who are part of a large group with ages ranging from 50s to 60s. Along with encouraging older workers and encouraging businesses to use older workers, the State of Tennessee has established the Human Rights Commission to “prevent” and “eradicate” discrimination in employment, public accommodations and housing.

Tennessee has cooperative agreements with the Equal Opportunity Employment Commission (EEOC) that allow federal and state agencies to work together in their investigation of complaints about discrimination. However, the commission requires that you file your complaint within 180 days of the incident, using the complaint form provided by the Tennessee agency. The state’s current Human Rights Act is based on the original law of 1974 and under current law, if you work for a business that employs eight or more workers, the Tennessee law applies to you.

Now, keep in mind that the commission will assist you in filing the complaint and proceed to public hearing if necessary, though the department makes an effort at conference and conciliation, as do the agencies in numerous states. On the other hand, I found that Tennessee law allows you to pursue your complaint in court as well, under certain guidelines. Further research revealed that the governing body of Tennessee universities has made a special effort to outline the way its schools will deal with possible discrimination incidents.

The Board of Regents that oversees state universities in Tennessee specifically lists the various federal and state laws that apply to its employment and hiring policies. These include the Age Discrimination in Employment Act (ADEA), the Equal Pay Act of 1963, and several other laws aimed at worker/employer relations. What happens is that the university designates a person on the Board of Regents staff to act as and Equal Employment Officer/Affirmative Action Officer.

Through my extensive research into the variations between state’s discrimination laws, I have found that most states adopt the same general principles when it comes to discrimination: don’t do it. The Federal government has guidelines that each state must adhere to. The major difference between the way that states handle discrimination is in the litigation. Because many discrimination cases are handled in the Federal courts, many of the rulings are the same. However, when a case is handled in the state courts, there can be major differences in the punishment and way that the case is handled.

In Tennessee, I found that it is unlawful to discriminate against an employee or potential employee based on race, religion, ancestry, sex, age (over 40), sexuality or country of origin.

If an employee or potential employee feels that he or she has been discriminated against, he or she has two actions: he can file with the Federal government or he can file with the state government. The Federal and state governments do cross-file their papers, so if you file with one, you will automatically be filed with the other, as long as you request the service.

When you believe that you have been discriminated against, you do have a timeframe in which you need to act. When you file with the state government, you must file within 180 days of the alleged discrimination. You have longer with the Federal government. Also, many people choose to file with the Federal government because you can claim more harm and therefore, possibly receive more benefits, than if you file with the state government.

It is always a good idea to get an attorney involved if you believe that you have been discriminated against. The attorney can assist you with the filing and with any charges that you may wish to press.

All the most recent labor law information including discrimination can be seen in detail on the Tennessee Complete Labor Law poster.