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Court of Appeals of Tennessee at Nashville

Berning v. State Department of Correction

The plaintiff, the manager of the Tennessee Department of Correction’s Murfreesboro probation office, was fired after an anonymous letter was sent to the department alleging that the office was rife with sexual harassment, creating a hostile work environment. An administrative law judge reviewed the plaintiff’s termination and found it to be warranted. The plaintiff appealed the administrative law judge’s decision to the Davidson County Chancery Court, which affirmed the order.

Hartman v. Tennessee Board of Regents

The plaintiff was a long-time employee of Tennessee Tech University’s facilities department, where she managed inventory and was required to make purchases of supplies and equipment. After she made a purchase that exceeded her $5,000 purchasing authority, and even though she had recruited multiple bids for the product and chose the best supplier, her employment was terminated. The plaintiff filed suit in the Putnam County Chancery Court for gender discrimination. The Court granted summary judgment in favor of the defendant.

Keeton v. Hill

The plaintiff was fired for falsifying documents related to her work time. She sued in the Davidson County Chancery Court, alleging sexual harassment and retaliatory discharge in violation of the Tennessee Human Rights Act (“THRA”). The plaintiff alleged that her supervisors made sexually derogatory remarks to her, and that she was fired shortly after she complained about these comments. The Court granted summary judgment in favor of the defendant, and the Court of Appeals of Tennessee affirmed because the employer had established the affirmative defense of exercising reasonable care.

Tennessee Department of Health v. Boyle

A Tennessee statute required private clinics providing a “substantial number” of abortions to obtain a “certificate of need” from the Health Facilities Commission and a license from the Department of Health. The Department of Health denied a license to the defendants, and then sued to enjoin them from performing abortions. The defendants alleged that the licensing requirement violated the United States and Tennessee Constitutions' protection of women’s right to privacy. The Davidson County Chancery Court upheld the statute and enjoined the defendants from performing abortions.

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