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Tennessee sexual
harassment cases that are brought against an employer are governed by the
Tennessee Human Rights Act. The underlying basis for claims against an employer
for sexual harassment fall under the provision in T.C.A.
§ 4-21-401 that provides that it is a discriminatory practice for an employer
to “fail or refuse to hire or discharge any person or otherwise to discriminate
against an individual with respect to compensation, terms, conditions or
privileges of employment because of such individual’s race, creed, color, religion,
sex, age or national origin…”. Sexual
harassment cases fall within this section and I have previously discussed the Tennessee
law standard for a sexual harassment case in my prior blog post here.
It is important to
note that there are specific caps on damages for Tennessee sexual harassment
claims (as well as other discriminatory causes of action brought against
employers under the Tennessee Human Rights Act). Specifically, this statute
provides the following in T.C.A.
§ 4-21-313:
(a) For any cause of action arising under § 4-21-401, § 8-50-103, or §
50-1-304, the sum of the amount of compensatory damages awarded for future
pecuniary losses, emotional pain, suffering, inconvenience, mental anguish,
loss of enjoyment of life, and other nonpecuniary losses, shall not exceed, for
each complaining party:
(1) In the case of a cause of action arising under § 50-1-304 and an
employer who has less than eight (8) employees at the time the cause of action
arose, twenty-five thousand dollars ($25,000);
(2) In the case of an employer who has eight (8) or more but fewer than
fifteen (15) employees at the time the cause of action arose, twenty-five
thousand dollars ($25,000);
(3) In the case of an employer who has more than fourteen (14) and fewer
than one hundred one (101) employees at the time the cause of action arose,
fifty thousand dollars ($50,000);
(4) In the case of an employer who has more than one hundred (100) and
fewer than two hundred one (201) employees at the time the cause of action
arose, one hundred thousand dollars ($100,000);
(5) In the case of an employer who has more than two hundred (200) and
fewer than five hundred one (501) employees at the time the cause of action
arose, two hundred thousand dollars ($200,000); and
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