How to File a Sexual Harassment Complaint in Tennessee

When filing a sexual harassment lawsuit in Tennessee, it’s important to understand how sexual harassment is defined under the Tennessee Human Rights Act (“THRA”). The THRA defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, sexual or sex-based conduct, or other offensive conduct of a sexual nature.

This can include verbal, physical, or nonverbal actions. Importantly, the THRA applies to all genders, meaning the victim and harasser can be of the same or different genders.

In order to file a sexual harassment lawsuit against your employer in Tennessee, you can follow these general steps:

• Document the Harassment: It is important to keep detailed records of incidents, including dates, times, locations, and any witnesses
  • You should be sure to save any relevant emails, messages, or other evidence
• Report to Your Employer: You should then notify your supervisor, manager, or human resources department about the harassment and provide them with your documentation
• Follow Company Procedures: You must be sure to adhere to your employer’s internal procedures for reporting harassment, which may involve filling out specific forms or providing a written statement
• File a Complaint with the THRC or EEOC: If your employer does not address or resolve the issue, you can file a complaint with the Tennessee Human Rights Commission (“THRC”) or the Equal Employment Opportunity Commission (“EEOC”)
  • It is important to note that you must file with the EEOC within 300 days of the incident
• Seek Legal Advice: It is recommended to consult with an attorney, as they can provide you with guidance, support you throughout the legal process, and help you file a civil complaint against your employer if you have suffered damages

How Do I Know if Am I Victim of Sexual Harassment in the Workplace?

Recognizing if you are a victim of sexual harassment in the workplace involves identifying certain behaviors and understanding their impact on you. Here are some common examples of workplace sexual harassment in Tennessee:

• Unwanted Sexual Advances: Persistent and unwelcome advances or requests for sexual favors
• Inappropriate Comments: Offensive remarks or jokes about your body, appearance, or sex life
• Physical Contact: Unwanted touching, such as hugging, kissing, or other physical interactions
• Sexual Gestures: Lewd or suggestive gestures or displays
• Visual Harassment: Displaying sexually explicit images or videos
• Quid Pro Quo: Being asked to engage in sexual conduct in exchange for job benefits like promotions or favorable evaluations
• Hostile Work Environment: Any behavior that creates an intimidating, hostile, or offensive work environment, making it difficult for you to perform your job

If you experience any of the above behaviors, it is crucial to document them thoroughly, and report the harassment to your supervisor, manager, or HR department and provide them with your documentation.

If the harassment continues or is not adequately addressed, consider filing a complaint with the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission. Once again, it is important to remember that you must file a complaint with the EEOC within 300 days of the incident.

What Are the Different Kinds of Sexual Harassment Claims?

In Tennessee, there are two primary types of sexual harassment claims recognized under the Tennessee Human Rights Act:

• Quid Pro Quo Harassment: This type of harassment occurs when a person in a position of power or authority demands sexual favors in exchange for job benefits, such as promotions, raises, or continued employment
  • In other words, the harasser offers job-related benefits in return for sexual acts
• Hostile Work Environment Harassment: This type of harassment involves unwelcome sexual conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment
  • It is important to note that the conduct must affect a term, condition, or privilege of employment, and the employer must have known or should have known about the harassment and failed to take prompt and appropriate corrective action

Both of the above claims require the victim to provide evidence of the harassment and its impact on their work environment. As such, it is important to document incidents meticulously and report them to the appropriate authorities within the organization. A Tennessee attorney will be familiar with all of the different forms of sexual harassment claims that are available to you under both state and federal law.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

If you are a victim of sexual harassment in the workplace, you legally have the right to sue your employer for damages. However, there are specific steps you need to follow:

• Document the Harassment: Once again, you should keep a detailed record of the incidents, including dates, times, locations, and any witnesses
• Report to Your Employer: Then you must exhaust your administrative remedies by informing your supervisor, manager, or HR department about the harassment and providing them with your documentation
• File a Complaint with the THRC or EEOC: If your employer does not address the issue satisfactorily, you can then file a complaint with the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission
• Receive a Right-to-Sue Letter: After filing with the EEOC, you will then receive a “right-to-sue letter,” which permits you to file a lawsuit in federal court if necessary
• Consult an Attorney: If you decide to pursue a private sexual harassment lawsuit, it’s advisable to consult with an employment lawyer who handles workplace harassment cases

In order to be successful in your sexual harassment lawsuit in Tennessee, you must be able to prove the following legal elements:

• Sex-Based Conduct: The harassment must have been due to your sex, meaning the offensive behavior was directed at you because of your gender
• Unwelcome Behavior: The actions must have been unwanted and not invited by you. The behavior should be something that a reasonable person would find offensive or hostile
• Severity or Pervasiveness: The conduct must be severe or pervasive enough to create a hostile, intimidating, or abusive work environment
  • In other words, it must have significantly disrupted your job performance or made your work setting uncomfortable
• Employer’s Awareness and Response: The employer must have known or should have known about the harassment and failed to take appropriate corrective actions
  • If your supervisor was the harasser, the employer can be held strictly liable
• Adverse Job Action (for Quid Pro Quo claims): In cases of quid pro quo harassment, you must show that accepting or rejecting the unwelcome behavior led to a tangible employment action, such as being hired, fired, promoted, or demoted

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are a victim of sexual harassment in the workplace and have suffered harm or damages, it is recommended to contact an experienced sexual harassment lawyer in Tennessee. An attorney can protect your legal rights and help you recover any damages you have suffered.

LegalMatch can assist you in finding and arranging a consultation with a skilled sexual harassment attorney in your area. During the initial consultation, the lawyer will explain your legal rights and options under both federal law and Tennessee’s workplace harassment laws.

They will also be able to ensure that you meet all state deadlines for filing your lawsuit and guide you through the necessary steps to pursue your sexual harassment claim. Additionally, an attorney can draft your civil complaint and file it against your employer once you receive your right-to-sue letter. They can also represent you in court, if needed.