Civil Rights, Employment Law--Employee and Employment Law--Employer

What is discrimination?

Tennessee is an “at-will”employment State.  That means an employer may fire you for any reason, whether good or bad, as long as it is not discriminatory.  “Discrimination” does not necessarily mean treating one person more favorable than another.  Instead, actionable discrimination must be based on something that the law will provide a remedy for (i.e. age, race, gender, national origin, disability, religion, complaining of discrimination, etc.).

What is a “Hostile Work Environment”?
 
This phrase is often misinterpreted.  It does not mean that you have been subjected to vulgar language or an obnoxious supervisor or co-worker who you can’t get along with.  Instead, a Hostile Work Environment is where an employee is subjected to severe and pervasive harassment based on that person's race, religion, sex, national origin, age, disability, or veteran status.  It most often comes in the form of sexual harassment or race discrimination.

What is “Sexual Harassment”?

Sexual harassment comes in two forms.  First, there is “quid pro quo” sexual harassment.  If a supervisor or manager suggests that you can advance or be promoted or otherwise receive special benefits in exchange for sexual favors, you are a victim of quid pro quo sexual harassment.  The second category of sexual harassment, mentioned above, is a hostile work environment due to sexual harassment.  To prevail on a claim in this category, there must be more than a few offensive jokes or comments.  The law requires it to be severe (more than just mild comments) and pervasive (occurring over the course of several days or even weeks). 

What other protections do I have as an employee?

In general, an employee is entitled to complain about discriminatory or unfair treatment under the law without being fired or forced to work in unfavorable working conditions.  For example, if you make a complaint to your employer about age or race discrimination, they may not turn around and fire you because of that complaint.  Additionally, if an employee seeks protection under the Family Medical Leave Act, Tennessee Worker’s Compensation Act, the Americans with Disabilities Act, or other protective laws,  the employer may not fire you or unfavorably alter a term or condition of your employment because you sought that protection.
There are also several other protective laws in place for employees, such as the right to serve on a jury and the right to complain about illegal or fraudulent corporate conduct without being terminated.

What should I do if I feel like I am a victim of employment discrimination or retaliation?

Contact our office.  Each case must be evaluated on its own independent factual basis.  All conversations and inquiries are treated with utmost confidence, and we can even meet after normal business hours to discuss your employment issues.