Tennessee workplace and federal employment laws exist to protect employee dignity at the workplace and to prevent sexual discrimination-based harassment. Despite its unfortunate prevalence, Tennessee sexual harassment lawsuit requirements are strict and put the burden of proof on the TN employee and his or her workplace law attorney.

Rarely is the inappropriate joke or offensive comment or the undesired hug or touch enough to qualify as sexual discrimination or workplace sexual harassment case in Tennessee court.

Sexual Harassment, What Will Qualify

Typically, for sexual harassment to stand in court, the harassment must be considered severe and pervasive. The three typical “severe and pervasive” categories for TN workplace sexual harassment are:

• Quid pro quo harassment – A superior offers job benefits, such a promotion or special consideration, in exchange for acts of a sexual nature. Unlike other forms of sexual harassment, a single instance of quid pro quo harassment is sufficient for legal action.
• Egregious sexual conduct – A Tennessee employer continues to allow employees to make unwanted sexual advances or does not rectify conditions that allow for compromising sexual situations. Similar to quid pro quo harassment but the egregious sexual conduct harasser makes no promises or indications of benefits or an exchange.
• Hostile work environment – Company allows an explicitly sexual work environment despite documented complaints. Unlike egregious sexual conduct harassment, no touching or solicitation is required.

Sexual harassment in the above three and other instances is not limited to a male boss harassing his female employee.

Harassment of a non-sexual nature is not against sexual discrimination law. While “bullying” can lead to a TN workplace lawsuit, simple harassment or making one’s life unpleasant is not sexual harassment, regardless of a Tennessee employee’s sex. In other words, neither your coworkers nor your boss has to like you or treat you fairly. It is not illegal under Tennessee law for your boss to yell at you or be mean.

Resolving Sexual Harassment with a Workplace Lawyer

If you have been a victim of quid pro quo solicitation, egregious sexual conduct, or hostile workplace sexual harassment, it is extremely important that you document your complaint quickly and using the proper channels. If the sexual harassment persists despite official complaints, then you need to contact an experienced TN employment lawyer.

The Higgins Firm will help you file a discrimination charge with Tennessee Human Rights Commission or the EEOC, depending on the nature of your workplace discrimination and pursue your case to its resolution. The federal and Tennessee statute of limitations is short for discrimination cases. Contact the Higgins Firm workplace attorneys today or by calling 1.800.705.2121 for a free consultation.