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.
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Retaliation for Taking Family and Medical Leave
If you work for a major Tennessee employer (50 or more employees), the Family and Medical Leave Act (FMLA) ensures you up to 12 weeks of unpaid time off for the birth or adoption of a child or for a serious health condition. Tennessee’s Maternity Leave statute also provides for up to four months of unpaid but continued health coverage as long as the Tennessee employee pays the premiums. This same Tennessee maternity leave law prevents discrimination against women for being pregnant.
Unfortunately (and illegally), many employers try to discourage their employees from taking a full leave by stating that their positions might not be available when the employee returns or otherwise threatening to retaliate against the employee. This in most cases is illegal under federal and Tennessee law.
Resolving Workplace Disputes with a Discrimination Lawyer
If you have been a victim of sexual harassment, it is important that you complain quickly and in writing. If the harassment continues, then it is vital that you contact an employment lawyer to have counsel protect your legal rights. If you are in Western Tennessee, then that employment attorney is Nashville-native Jim Higgins.
Legal Help for Tennessee Employees
The Higgins Employment Law Firm will help you file a discrimination charge with Tennessee Human Rights Commission or the EEOC and pursue your case to its resolution. The statute of limitations is short for discrimination cases, and recent Supreme Court decisions reduce filing times for discrimination cases.
For sexual harassment and all forms of discrimination and harassment in Tennessee, you need the legal power and reputation of the Higgins Firm.
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