Tenn. Comp. R. & Regs. 0800-01-05-.16 - DISCRIMINATION AGAINST EMPLOYEES

(1) Part IV of the Tennessee Occupational Safety and Health Plan and T.C.A. §§ 50-3-106(7), 50-3-106(8), and 50-3-409 prohibit discriminatory action by an employer toward an employee who has exercised his rights under the Act. In addition to filing a complaint alleging discrimination with the Commissioner, employees have the option of (1) filing a grievance in accordance with the grievance procedures of the Tennessee Department of Personnel if a state employee, or

(2) filing a complaint alleging discrimination in accordance with the procedures in the local government's program if a local government employee. In order to be assured the rights and protection afforded by T.C.A. § 50-3-409, however, employees must file a complaint in accordance with the provisions of the code.

(2) When employees utilize local procedures in an attempt to settle alleged discrimination, they should include a statement of such fact in the complaint filed with the Commissioner. The Commissioner shall conduct an investigation of such complaint as required by T.C.A. § 50-3-409. The Commissioner shall notify the complainant of his determination as required by T.C.A. § 50-3-409 but may delay filing any action in chancery court pending resolution of local procedures. In no event shall the Commissioner delay such filing beyond one (1) year from the date of the alleged discrimination.

Notes

Tenn. Comp. R. & Regs. 0800-01-05-.16

Original rule filed August 14, 1977; effective September 13, 1977. Amendment filed April 17, 1978; effective July 14, 1978. Amendment filed November 25, 1983; effective February 13, 1984. Repeal and new rule filed September 13, 2002; effective January 28, 2003.

Authority: T.C.A. §§ 4-3-1411, 50-3-102, 50-3-106, 50-3-201, and 50-3-409.