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Sexual Harassment and
Sexually Hostile Work Environment claims are both recognized in Tennessee under
state law and federal Law (pursuant to Title VII). These are very significant claims often
involving the harassment of a female by a male supervisor or co-worker. The standards for an employer’s liability are
different under each of those scenarios (this will be discussed in a subsequent
blog post on this topic). It is
important to note that Tennessee courts often look to federal law for guidance
on interpretation of Tennessee’s own discrimination statutes, because they are
so similar.
A sexual harassment “quid
pro quo” claim in Tennessee is established using the following elements to
support the cause of action:
(1) that the
employee was a member of a protected class; (2) that the employee was subjected
to unwelcome sexual harassment in the form of sexual advances or requests for
sexual favors; (3) that the harassment complained of was based on sex; (4) that
the employee's submission to the unwelcome advances was an express or implied
condition for receiving job benefits or that the employee's refusal to submit
to the supervisor's demands resulted in a tangible job detriment; and (5) the
existence of respondeat superior liability.
Sanders v. Lanier, 968 S.W.2d 787, 789 (Tenn. 1998). This type of claim mainly
focuses on unwanted sexual advances or requests for sexual favors. Believe it or not, these situations are much
more common than you would think.
Federal law has similar protections against this type of action in the
workplace.
Another type of
claim under Tennessee law is a sexually hostile work environment claim. This is based on sexual harassment of an
employee based on their sex. Often, this
could involve crude sexual jokes, sexual comments, inappropriate touching or
grabbing and other similar conduct – most often directed at women. Tennessee courts have provided the following
as the elements required for this type of case in Tennessee:
To prevail on a
hostile work environment claim in a sexual harassment case, an employee must
assert and prove that (1) the employee is a member of a protected class; (2)
the employee was subjected to unwelcomed sexual harassment; (3) the harassment
occurred because of the employee's gender; (4) the harassment affected a “term,
condition, or privilege” of employment; and (5) the employer knew, or should
have known of the harassment and failed to respond with prompt and appropriate
corrective action.
Campbell v. Florida Steel Corp., 919 S.W.2d
26, 31 (Tenn. 1996). Generally, if a supervisor is the one who is
acting, the employer will be automatically responsible for their actions
(although the employer has some defenses available that will be discussed in
another post). If co-workers are
involved in creating the sexually hostile work environment, then liability of
the employer is based on the knowledge of the employer and their reaction to
the sexual harassment and steps they took to prevent the sexual harassment. Employers cannot simply stick their heads in
the sand when there is rampant sexual harassment going on at their place of
business.
Damages for sexual
harassment claims in Tennessee can be very significant. These types of claims can also support a
cause of action for intentional infliction of emotional distress if the actions
are bad enough. In order to support a
claim for intentional infliction of emotional distress, the Tennessee Supreme
Court has held the following elements are required:
The elements of an
intentional infliction of emotional distress claim are that the defendant's conduct
was (1) intentional or reckless, (2) so outrageous that it is not tolerated by
civilized society, and (3) resulted in serious mental injury to the plaintiff.
Regarding the first element, the law is clear in Tennessee and elsewhere that
either intentional or reckless conduct on the part of the defendant will
suffice to establish intentional infliction of emotional distress.
Rogers v. Louisville
Land Company et al, 367 S.W.3d 196, 205 (Tenn. 2012). If you have a claim as an employee you need an
experienced attorney to help you early in the situation. There are strict
statutes of limitation governing the time frame within which a claim must be
made. If you are defending a claim as an
employer, you need to get counsel involved early so that the situation is
handled promptly and appropriately under the law.
Follow me on Twitter
at @jasonalee for updates from the Tennessee Defense Litigation blog.
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