The plaintiff, a 59 year-old male employee, was fired following his failure to disclose documents he received from a customer. He filed suit in the Shelby County Circuit Court alleging both age and sex discrimination. The Court granted summary judgment in favor of his employer, and the Court of Appeals of Tennessee affirmed because the plaintiff was neither replaced by a younger female employee nor was he similarly situated to a younger female employee.
Women and Justice: Court: Court of Appeals of Tennessee at Jackson
Domestic Case Law
The plaintiff worked at-will as a sales representative for the defendant. Shortly after she started working there, she discovered she was pregnant and informed her supervisor. Shortly after that, her supervisor informed her that her yearly salary would be halved, allegedly because she had failed to meet sales quotas. When she contacted the CEO (with whom she had interviewed) about her pay reduction, her supervisor met informed her that it was inappropriate to go over his head. After renegotiating the terms of her employment, her employment was soon terminated, again allegedly for failing to meet sales quotas. The plaintiff filed suit in the Shelby County Chancery Court for of sex and pregnancy discrimination, retaliation, and hostile work environment. The Court granted summary judgment in favor of her employer, but the Court of Appeals of Tennessee reversed, holding that the defendant did not establish that there were no male comparators that were treated more favorably than the plaintiff.
The plaintiff was a police officer with the Humboldt Police Department. While off duty, she ran into an ex-boyfriend against whom she had a protective order. Based on this encounter, she filed a criminal charge against him for violating the order. The chief of police commenced an internal affairs investigation into her charges, and her ex-boyfriend filed a criminal charge against her for filing a false charge. While both charges were pending, the plaintiff informed the chief of police that she was pregnant. Once the internal affairs investigation was completed, the plaintiff’s employment was terminated. She filed suit in the Gibson County Circuit Court for discrimination based on gender and pregnancy in violation of the Tennessee Human Rights Act (“THRA”). The Circuit Court granted summary judgment in favor of her employer, but the Court of Appeals of Tennessee reversed and remanded, finding that the plaintiff had sufficiently alleged that she was treated differently than similarly situated male police officers.