Tenn. Comp. R. & Regs. 0800-01-08-.03 - UNPROTECTED ACTIVITIES DISTINGUISHED
(1) Actions taken
by an employer which adversely affect an employee may be predicated upon
non-discriminatory grounds. The proscriptions of T.C.A. §
50-3-409
apply when the adverse action occurs because the employee has engaged in
protected activities. An employee's engagement in activities protected by the
Act does not automatically render him or her immune from discharge or
discipline for legitimate reasons, or from adverse actions dictated by
non-discriminatory considerations.
(2) At the same time, to establish a
violation of T.C.A. §
50-3-409,
the employee's engagement in protected activity need not be the sole
consideration behind discharge or other adverse action. If protected activity
was a substantial reason for the action, or if discharge or other adverse
action would not have taken place but for engagement in protected activity,
T.C.A. §
50-3-409
has been violated. Ultimately, the issue as to whether a discharge or
disciplinary action was because of protected activity will have to be
determined on the basis of the facts in the particular case.
Notes
Authority: T.C.A. §§ 4-3-1411, 50-3-201, and 50-3-409.
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