Significant Changes to Tennessee Discrimination, Whistleblower Law: Employment Law Manual Updated

Authors: Beth P. Zoller, Marta Moakley and Melissa A. Silver, XpertHR Legal Editors

Tennessee recently passed employment reform legislation, 2013 Bill Text TN S.B. 2126, which brings significant changes effective July 1, 2014, including:

• Capping compensatory damages for claims arising after July 1, 2014, and brought in state court under the Tennessee Human Rights Act, the Tennessee Disability Act and the Tennessee Public Protection Act based on an employer's size;
• Prohibiting an individual from maintaining both a state court and a federal court lawsuit where the individual's claims are based on the same set of facts;
• Eliminating individual liability for supervisors or agents of the employer with respect to discrimination claims under state law (currently, a supervisor may be held liable for aiding and abetting discrimination); and
• Clarifying that the Tennessee Disability Act applies to employers that employ eight or more employees.

Based on these developments, the Tennessee EEO - Discrimination, Disabilities (ADA), Terms of Employment and Employee Discipline sections of the Employment Law Manual have been updated.