What Counts as Workplace Sexual Harassment Under Tennessee Law?

Everyone deserves a safe work environment. No one should feel as though they may be harassed while doing their work. That’s why Tennessee has workplace sexual harassment laws in place to protect employees. If you’re unsure what counts as workplace sexual harassment under Tennessee law, read on.

Federal and Tennessee Sexual Harassment Laws

Before you can understand sexual harassment laws in Tennessee, it is important to first understand sexual harassment laws at the federal level. Under Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to discriminate against an employee based on sex; this includes sexual harassment.

According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment includes unwanted physical or verbal behavior of a sexual nature, as well as offensive and/or hostile comments regarding someone’s sex.

In addition to federal protections, employees in Tennessee may also be protected by the Tennessee Human Rights Act (THRA), which also prohibits discrimination in employment on the basis of sex.

Sexual harassment can occur between people of any sex, with both men and women being capable of sexual harassment. Both sexes can also be the victims of sexual harassment.

Workplace sexual harassment includes multiple workplace relationship dynamics. An offender can be a supervisor, co-worker, client, or customer. Essentially, when one person sexually harasses another while at work or a work event, it can be considered workplace sexual harassment.

Types of Workplace Sexual Harassment

There are two main types of sexual harassment claims you can file, based on the sort of behavior you experienced at work. The first, known as quid pro quo, involves an employer, supervisor, or other higher-up in your company leveraging workplace benefits and privileges in exchange for sexual favors. For example, your boss may hinge your promotion on whether you accept their sexual advances or not.

The second type of sexual harassment claim is hostile work environment sexual harassment. A hostile work environment happens when you experience unwelcome sex-based behavior that is severe or pervasive enough to create an offensive or intimidating workplace and negatively affect your work. This form of sexual harassment can involve your boss, a co-worker, or even a client.

Filing a Workplace Sexual Harassment Claim in Tennessee

In fiscal year 2025, the EEOC reported 972 sex-based discrimination charges filed in Tennessee, and nearly 27,000 filed nationwide. These charges extend beyond normal complaints to a company’s human resources department and may involve legal claims.

If you experience workplace harassment, taking legal action is vital. Employees in Tennessee can file discrimination complaints with the Civil Rights Enforcement Division (CRED) of the Tennessee Attorney General’s Office, the EEOC, or both agencies.

Workplace sexual harassment claims may be subject to strict deadlines depending on the type of employer involved. Some employees in Tennessee may have up to 180 days to file a claim, while other employees may have significantly shorter deadlines. If you are unsure how much time you have to file a sexual harassment claim, you should consult a lawyer as soon as possible.

After your complaint is filed, the agency may investigate the claim and determine whether there is evidence of discrimination to proceed with further action. It is important to be aware that the EEOC and CRED operate differently when it comes to how they resolve claims.

The EEOC may attempt to resolve the issue through mediation, settlement negotiations, or by issuing a “right to sue” letter that allows the employee to pursue court action. The Civil Rights Enforcement Division may investigate claims and determine whether further legal action or remedies may be appropriate.

A workplace sexual harassment lawyer can help you prepare your claim and decide whether you should file with the EEOC, CRED, or both.

Liability for Employers and Employees

It may seem surprising, but if your employer fails to take proper action to address sexual harassment in the workplace, they may be held legally liable. In such situations, the employer may be required to provide compensation for the harm caused by the unlawful conduct. Compensation can take the form of lost wages, compensatory damages, or punitive damages, to name a few options.

Sexual harassment penalties can also apply to offending employees, who can be sent to mandatory sexual harassment training or counseling. More serious cases can result in demotions, salary reductions, suspensions, or outright termination.

FAQs About What Counts as Workplace Sexual Harassment Under Tennessee Law

What Behavior Qualifies as Workplace Sexual Harassment?

Workplace sexual harassment can include both direct sexual behavior and sexist commentary. The Equal Employment Opportunity Commission (EEOC) considers both physical actions and words as sexual harassment. While sexual harassment includes unwanted advances or touching, the definition also covers requests for sexual favors and harassing statements regarding someone’s sex.

Can I Be Retaliated Against for Reporting Workplace Sexual Harassment?

You cannot be legally retaliated against for reporting workplace sexual harassment. Both federal and state laws prohibit employers from retaliating against employees who report sexual harassment or participate in investigations. Retaliation can present as reduced hours, demotion, unfavorable work assignments, termination, or other adverse actions. It’s critical to speak to your lawyer if you suspect retaliation.

What Constitutes a Hostile Work Environment in Tennessee?

A hostile work environment in Tennessee can involve more than just sexual harassment. A hostile work environment exists when an employee is subjected to severe or pervasive conduct that affects their ability to do their job. For state employees, these comments must be related to a protected category under federal or state civil rights laws to be considered hostile.

How Do I Report Someone for Workplace Sexual Harassment in Tennessee?

To report someone for workplace sexual harassment in Tennessee, one route to take would be filing an official complaint with your company’s department of human resources; however, this may not be required. If you do not feel comfortable reporting the harassment to your company’s human resource officers, you can also file a complaint directly with the Civil Rights Enforcement Division or the EEOC.

Hire a Workplace Sexual Harassment Lawyer Today

When you find yourself facing harassment at work, it may be time to hire a workplace sexual harassment lawyer. The attorneys of Yezbak Law Offices focus on sexual harassment, retaliation, wrongful termination, and other similar employment issues.

Yezbak Law Offices was founded in 1998 as a firm that helps employees. Whether it’s wage and hour disputes or employment harassment claims, we’re here to advocate for workers’ rights. If you are in need of a skilled and dedicated Tennessee attorney, contact us today.