Employment Discrimination & Sexual Harassment

Both federal and Tennessee statutes provide an employee with remedies against employment discrimination in the workplace based on an employee’s sex, age, color, religion, race, nationality or disability. In addition these same statutes protect an individual from retaliation that results from making or supporting a discrimination complaint.

Employment discrimination refers to bias in hiring, promotion, job assignment, wrongful termination, compensation, and different forms of harassment. Employment discrimination law consists of federal and state statutes, although the U.S. Constitution and Tennessee Constitution also provide some protection against discrimination in employment.

It is illegal to discriminate in hiring, promotions, termination or other aspects of employment on the basis of a person’s race, color, national origin, religion, disability, or age, or to retaliate against an individual for opposing such practices, or consulting an attorney or the United States Equal Employment Opportunity Commission (EEOC) or state EEOC offices.

Damages in employment discrimination and retaliation cases include loss of wages and benefits, loss of future wages and benefits, damage to career and emotional distress/mental anguish. A court can order reinstatement and/or other equitable relief against an offending defendant. Punitive damages are also available under federal law.

Sexual harassment now constitutes the majority of gender discrimination claims. Sexual harassment can be either Quid Pro Quo or hostile environment sexual harassment. Quid Pro Quo sexual harassment occurs when an employer or supervisor demands sexual favors in exchange for raises, promotions, or other benefits, or threatens an employee for failure to provide such favors. The sexual advances must be unwelcome. A person who provides sexual favors may still be able to pursue a case of sexual harassment.

Hostile environment sexual harassment is when the working environment is hostile because of its sexual nature. If your working environment is made intolerable by photos, comments, jokes, or other acts of an offensive sexual nature, including physical touching, there may be a claim for sexual harassment.