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Twenty percent of all charges of discrimination filed in Tennessee in year 2015 were age cases. Age discrimination occurs in all phases of the employment relationship - from a failure to hire, failure to promote, differential treatment to termination. If you have been asked repeatedly when you plan to retire, have been passed over by employees under forty (40) years of age, or have been treated differently than younger employees, age discimination may be the cause of your situation. Age discrimination cases are hard to prove but can be won. Both Tennessee and federal law protect employees from age discrimination.
Examples of Past Cases
Southmayd v. Apria (2007)
Plaintiff was a Branch Manager for Defendant. He was terminated shortly after refusing to participate in an illegality. Plaintiff was discriminated against on the basis of his age in both his employment and in his termination. Plaintiff won at trial and a federal jury awarded him $368,000. The parties reached a settlement prior to the Court awarding Plaintiff his attorneys' fees and costs in addition to the $368,000 verdict.
These two different types of discrimination can overlap. Employees who are discriminated against on the basis of sex can also be prey to a sexual harasser. Sexual harassment happens to both men and women, from the opposite sex or from a same-sex person. You have the right to work in an environment free from sexual harassment. Sexual harassment includes inappropriate touching (such as grabbing someone by the private parts), offensive/sexual jokes and remarks, inappropriate and sexual text messages, email, and photographs shown in the workplace, or being asked to trade sex for favor at work. Some harassers punish employees who are not responsive to requests for sexual favors or relationships.
Sex or gender discrimination occurs when employees of one sex are subjected to failure to hire, differential treatment, failure to promote, or failure to pay equally for the same work based on their sex. You do not have to put up with sexual harassment or sex discrimination in the workplace. Call for an appointment to discuss your legal options.
Examples of Past Cases
Emerson v. Oak Ridge Research Inc. et al. (2005)
Plaintiff's causes of action at trial were retaliatory discharge and assault and battery. Plaintiff prevailed after a jury trial. The jury returned a verdict for $18,000 on the assault and battery; $157,800 for various damages, and $500,000 in punitive damages. The Trial Judge reduced the punitive damages from $500,000.00 to $150,000.00, and awarded plaintiff attorney’s fees in the amount of $282,964.50, as well as discretionary costs. On appeal, the case was affirmed in part, vacated in part and remanded in part. Plaintiff received the damages awarded, the attorneys' fees awarded and the remitted punitive damages amount.
Michael v. Windsor Gardens et al. (2005)
A federal jury found that the Defendants were responsible for violation of the Tennessee Human Rights Act, the Tennessee common law in regard to whistleblowing and for retaliatory discharge. The jury awarded plaintiff $30,000 for back pay, plus $170,000 for emotional suffering. The jury elected to further award $50,000 in punitives against Windsor Gardens. Attorneys' fees in the amount of $333,000 were also awarded. The parties later reached a confidential settlement of the matter.
Eppes v. Enterprise Rent-A-Car Company of Tennessee d/b/a Enterprise Rent-A-Car, (2007)
U.S. Dist. LEXIS 29084 (E.D. Tenn. April 18, 2007). Plaintiff filed for federal relief under Title VII, 42 U.S.C. Section 2000e, et. seq. and for state relief under the Tennessee Human Rights Act, T.C.A. 4-21-301, the Tennessee Public Protection Act, T.C.A. 50-1-304, and Tennessee common law. The issues involved were sexual harassment, a hostile environment, retaliation, and aiding and abetting in violation of Tennessee law. Defendants Motion for Summary Judgment was denied in its entirety on April 18, 2007. The parties later reached a confidential settlement.
All of these areas overlap and can cause major issues for employees who need time off from work for various medical reasons. If you believe that you are not receiving the time off to which you are entitled, or that you are being discriminated against in the treatment you receive at work or have been fired because of a pregnancy or a disability, you need to contact us to find out your legal options.
If you have been discriminated against based upon your race or the color of your skin, you may be able to take legal action against your employer. If your employer has taken an adverse action against you (discipline affecting your pay, termination, or demotion) or has failed to treat you in the same way as other employees of a different race or color (failure to promote, salary or pay differential, failure to provide other benefits or terms of employment) you may be able to file a charge of discrimination or a lawsuit. If you have evidence that supports your belief that discrimination has occurred, such as emails, documents, write-ups, reviews, or witness statements, please call our office to discuss your situation. There are both Tennessee and federal law to protect employees from discrimination, including Title VII, 42 U.S.C. 1981, and the Tennessee Human Rights Act.
Examples of Past Cases
Ellis v. Rexnord Indus., L.L.C., (2007)
U.S. Dist. LEXIS 64485 (E.D. Tenn. Aug. 30, 2007) Plaintiff for federal relief under 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et. seq., and for state relief under the Tennessee Human Rights Act, T.C.A. 4-21-101 et. seq. The issue involved was race discrimination. Defendant's Motion for Summary Judgment was denied on August 20, 2007. The parties later reached a confidential settlement.
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Disclaimer: The information contained on this website does not constitute legal advice. It is general information only and will not apply to every situation. No attorney-client relationship exists between you and Young Law Office, P.C. until an in-person meeting has occurred and a representation agreement has signed by both parties. Please be aware that the firm accepts cases in the East Tennessee area only.