Smith v. City of Chattanooga

The plaintiff was a police officer with the Chattanooga Police Department. After repeated sexual harassment from a fellow officer, she filed a sexual harassment complaint against the officer. The officer was transferred to a different team, but still worked in close physical proximity to the plaintiff, which made the plaintiff uncomfortable. She filed suit against the officer and her supervisor for creating a hostile work environment and sexual harassment in violation of the Tennessee Human Rights Act ("THRA"). The Hamilton County Chancery Court granted a directed verdict in favor of the police department, but the Court of Appeals of Tennessee vacated the verdict, finding that reasonable minds could differ on whether the employer established the affirmative defense that it took appropriate corrective action. The appellate court also affirmed that the supervisor was not liable as an accomplice under the THRA because he did not encourage the officer nor prevent him from taking corrective actiion.



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