Employment discrimination is taken seriously in Tennessee. Employers in the state are required to comply with federal laws, such as Title VII of the Civil Rights Act of 1964, as well as state laws, such as the Tennessee Human Rights Act. There are many steps employers can take to ensure that they comply with these laws, but employees may sometimes still file a claim against them.
Fortunately, there are also defenses to workplace discrimination claims if an employee files a claim against you. Our Knoxville employment discrimination lawyer can help you protect yourself from employment discrimination claims in Tennessee.
Implement Strong Policies and Procedures
Having strong policies and procedures in place can help prevent employment discrimination. The following measures can help with this:
- Draft a thorough anti-discrimination policy: Create a written policy that prohibits harassment and discrimination and distribute it to all employees. Draft clear procedures for reporting complaints of harassment and discrimination, and ensure all employees receive this, as well.
- Prohibit retaliation: Within the anti-discrimination policy, explicitly state that retaliation against employees for participating in investigations or reporting discrimination will not be tolerated.
- Document all employment decisions: Thorough documentation regarding all employment decisions, such as hirings, firings, and promotions, can help you prove these decisions were based on valid, non-discriminatory reasons that are related to the person’s employment only.
Provide Preventive Training
Employers can never assume that their employees know how to avoid discriminatory practices. Due to this, employers should provide thorough training to provide it. This training should include:
- Training supervisors and managers: Supervisors and managers act on behalf of the employer, so if they are discriminatory, it can result in employer liability. It is important to ensure that supervisors and managers are able to recognize and prevent harassment and discrimination.
- Regular employee training: All employees should receive education regarding the company’s anti-discrimination policies, proper workplace conduct, and human rights.
Use Fair Employment Practices
There are several fair employment practices that can help protect you against an employment discrimination claim being filed against you. These are as follows:
- Review criteria for hiring and promotion: Make sure all criteria for hiring and promotions are employment-related and consistent with business necessity. Evaluate employees and potential employees on their individual merit rather than stereotypes.
- Offer reasonable accommodations when necessary: Under federal and state law, employers are responsible for providing reasonable accommodations for pregnant and disabled employees. The only exception is if it will cause the business or business owner to suffer significant expense or difficulty.
- Offer equal pay: It is important to offer equal pay for comparable work. Federal and state law prohibit pay differentials based on gender or sex.
- Standardize processes for termination: When terminating employees, carefully document termination decisions and conduct exit interviews. This can help you avoid claims of retaliation or wrongful termination.
Respond Immediately to Complaints
Responding immediately to complaints is extremely important to show that you took action when necessary. The following can help you do it:
- Implementing clear reporting protocols: Offer employees multiple outlets for reporting complaints, such as filing a complaint with a supervisor, Human Resources, or another designated key employee.
- Investigate all complaints: It is important to take all complaints seriously and to immediately investigate to ensure a safe work environment.
Follow Requirements Specific to Tennessee
There are many requirements that are specific to Tennessee, and it is essential to comply with them. These include, but are not limited to:
- Determine the number of employees: Federal laws apply to workplaces with fewer employees. If you employ eight or more employees, however, the Tennessee Human Rights Act applies.
- Ensure employment compliance: Employers in Tennessee are required to use E-Verify to confirm the legal employment eligibility of new hires. Employers can also opt to maintain specific employment authorization for new hires instead.
A Knoxville employment discrimination lawyer can advise you of the requirements specific to Tennessee and ensure that you comply with them. A lawyer can also advise on the defenses available in these cases if a claim is filed against you.
Defenses to Employment Discrimination Claims in Tennessee
The defenses available in your case will depend on the specific complaint. They may include:
- Legitimate reasoning: The most common defense is showing that an adverse employment action, such as a demotion or termination, was taken for a legal reason and that it did not violate the federal or state discrimination laws. Poor performance, misconduct, or restructuring of the company are all legitimate reasons for adverse employment actions.
- The Faragher-Ellerth defense: This defense requires you to show that the employee did not suffer a negative employment action due to a hostile work environment. You must show that you tried to prevent and correct any harassment promptly and that the employee did not use any preventative or corrective opportunities, such as filing a complaint, to stop or prevent harassment.
- Same actor defense: If the same individual who hired the employee fired them after a short amount of time, it can prove that it is unlikely that discrimination was the motivation for the firing.
- The ‘stray remarks’ doctrine: The ‘stray remarks’ doctrine shows that discriminatory comments made in the workplace were too irrelevant or isolated to prove discrimination.
- Statutory defenses: Both state and federal law place a time limit on workplace discrimination claims. If these time limits have expired, employers cannot be held liable.
- Undue hardship: In the case of disability, employers can show that providing reasonable accommodations would place an undue hardship on them, which is a valid defense.
Our Employment Discrimination Lawyer in Knoxville Can Protect Your Rights
If you are an employer and an employee has filed a discrimination claim against you, or you need more information about protecting your rights to prevent such claims, you need legal help. At The Ebbert Law Firm, our Knoxville employment discrimination lawyer can provide it, advise on the next steps to take, and ensure that your rights are always protected. Call us today at (865) 290-7637 or fill out our online form to schedule a consultation and to get the legal advice you need.