The plaintiff worked as a bookkeeper for the defendant. The general manager of the district repeatedly touched her inappropriately and made inappropriate remarks to her. Parker made numerous complaints to her immediate supervisor, but the harassing conduct continued until she resigned. Soon after, she sued the defendant for sexual harassment in violation of the Tennessee Human Rights Act in the Warren County Chancery Court. The court granted summary judgment in favor of the defendant, finding that it took prompt corrective action in response to plaintiff’s complaints, thereby establishing a complete affirmative defense. The Court of Appeals of Tennessee reversed, finding that there was a genuine issue of material fact as to whether the defendant acted promptly and adequately. The Supreme Court of Tennessee held that an employer is subject to vicarious liability for actionable hostile work environment sexual harassment by a supervisor with immediate, or successively higher, authority over employee, but that a genuine issue of material fact existed as to whether the employer exercised reasonable care. The Court remanded the case for further proceedings.
Parker v. Warren County Utility District