How To Prove A Tennessee Employment Discrimination Claim

 

 

In Tennessee, a claim of Employment Discrimination is defined as:

Discrimination against an employee, former employee, or job applicant by an employer based on a characteristic or status such as race, age, religion, disability, or sexual orientation.

It simply means:

Unfair treatment based on race, gender, sexual orientation, or any other demographic feature.

There are 4 elements of the claim:

• Element 1. The plaintiff belonged to a protected class. The plaintiff is part of a group that is legally protected from discrimination, such as based on race, gender, age, or disability, meaning they have specific rights that help ensure they are treated fairly in the workplace.
  

  Facts that might support this element look like:

  * The plaintiff is a female employee who has worked for the company for over five years.
  * The plaintiff is a member of a racial minority group, as defined by federal and state anti-discrimination laws.
  * The plaintiff is over the age of 50, qualifying her as a member of a protected age group.
  * The plaintiff practices a religion that is recognized as a protected class under Title VII of the Civil Rights Act.
  * The plaintiff has a documented disability, which is recognized under the Americans with Disabilities Act (ADA).

• Element 2. The plaintiff applied and was qualified for a position for which the employer sought applicants. The plaintiff applied for a job and met all the qualifications needed, showing they were a suitable candidate for the position the employer was looking to fill.
  

  Facts that might support this element look like:

  * The plaintiff submitted a complete application for the advertised position, including all required documents and information.
  * The plaintiff met all the minimum qualifications outlined in the job description, including education and experience requirements.
  * The employer acknowledged receipt of the plaintiff’s application and confirmed that it was reviewed by the hiring committee.
  * The plaintiff was invited to participate in the interview process, indicating that the employer considered them a qualified candidate.
  * The employer ultimately selected a less qualified candidate for the position, raising questions about the fairness of the hiring process.

• Element 3. The employer subjected the plaintiff to adverse employment action, such as a denial of promotion. The employer took negative actions against the employee, like refusing to promote them, which can be a key part of proving that discrimination occurred in the workplace.
  

  Facts that might support this element look like:

  * The plaintiff was consistently rated as a top performer in annual reviews but was passed over for promotion in favor of less qualified candidates.
  * The employer failed to provide a clear rationale for the promotion decision, despite the plaintiff’s qualifications and experience.
  * The plaintiff’s requests for feedback on promotion eligibility were ignored by management, indicating a lack of transparency in the process.
  * Colleagues with similar or lesser qualifications received promotions while the plaintiff was repeatedly overlooked.
  * The employer’s promotion policy was not applied uniformly, leading to disparities in advancement opportunities among employees.

• Element 4. The rejection occurred under circumstances suggesting that unlawful discrimination likely influenced the employer’s decision. This means that the employer’s decision to reject a job applicant seems to have been unfairly influenced by factors like the applicant’s race, gender, or other protected characteristics, rather than their qualifications or abilities.
  

  Facts that might support this element look like:

  * The employer consistently hired candidates from a specific demographic group, while rejecting applicants from diverse backgrounds with similar qualifications.
  * The hiring manager made comments during the interview process that indicated a bias against certain age groups, suggesting a preference for younger candidates.
  * The company’s workforce demographics show a significant underrepresentation of minority groups in higher-level positions, raising concerns about discriminatory practices.
  * The rejection letter provided vague reasons for the decision, while previous candidates with less experience were hired for similar roles.
  * Witnesses reported overhearing discussions among management that included stereotypes about certain racial or ethnic groups, indicating potential bias in hiring decisions.

^{(See Goree v. United Parcel Serv., Inc., 490 SW 3d 413 (Tenn. Court of Appeals 2015).)}
If you’re in court without a lawyer and plan to assert a Claim of Employment Discrimination, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Employment Discrimination claim.

Prove Your TN Employment Discrimination Claim

U.S. Civil Cases Only