Filing a Discrimination Complaint with the Tennessee Human Rights Commission

  1. Discrimination
  2. Filing a Discrimination Complaint with the Tennessee Human Rights Commission
Discrimination claim

Discrimination in the workplace, housing, or other areas of public life is not just unfair—it’s illegal. If you believe you have been discriminated against based on race, color, religion, sex, national origin, disability, age, or other protected characteristics in Tennessee, you have the right to file a complaint with the Tennessee Human Rights Commission (THRC). The THRC is a state agency dedicated to enforcing anti-discrimination laws and ensuring equal opportunities for all Tennesseans. Understanding how to file a discrimination complaint with the Tennessee Human Rights Commission is crucial for anyone seeking to protect their rights and seek justice.

Understanding the Tennessee Human Rights Commission’s Role

The Tennessee Human Rights Commission (THRC) is responsible for enforcing the Tennessee Human Rights Act and the Tennessee Disability Act. These laws prohibit discrimination in employment, housing, and public accommodations. The THRC investigates complaints of discrimination and works to resolve them through mediation, negotiation, or legal action. If the THRC finds evidence of discrimination, it can take steps to remedy the situation, including ordering compensation for the victim and requiring changes in policies or practices to prevent future discrimination.

Who Can File a Discrimination Complaint?

Any individual who believes they have been subjected to unlawful discrimination in Tennessee can file a complaint with the THRC. This includes individuals who have experienced discrimination in employment, housing, or public accommodations. The THRC accepts complaints from employees, tenants, customers, and others who have been treated unfairly based on their protected status.

Protected characteristics under Tennessee law include:

  • Race
  • Color
  • Creed
  • Religion
  • Sex (including pregnancy, gender identity, and sexual orientation)
  • National origin
  • Age (for those 40 and older)
  • Disability
  • Familial status (in housing)
  • Retaliation for asserting your rights

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Steps to File a Discrimination Complaint with the Tennessee Human Rights Commission

Filing a discrimination complaint with the THRC involves several steps, from gathering information to submitting your claim. Below is a detailed guide to help you navigate the process.

1. Determine the Basis for Your Complaint

Before filing a complaint, it’s important to clearly understand the nature of the discrimination you experienced. Discrimination can occur in various forms, including:

  • Employment Discrimination: Unfair treatment in hiring, firing, promotions, pay, job assignments, or other employment-related matters due to your race, sex, age, or another protected characteristic.
  • Housing Discrimination: Being denied housing, charged higher rent, or subjected to different terms and conditions because of your race, religion, family status, or disability.
  • Public Accommodation Discrimination: Being denied service, treated unfairly, or subjected to different conditions in a place of public accommodation, such as a restaurant, hotel, or store, due to your race, national origin, or disability.

Understanding the specific type of discrimination you faced will help you provide the necessary details in your complaint.

2. Gather Documentation and Evidence

Evidence is critical in supporting your discrimination complaint. Before filing, gather all relevant documentation and evidence that demonstrates the discriminatory behavior. This might include:

  • Emails, text messages, or written communications that show discriminatory remarks or decisions.
  • Pay stubs, performance reviews, or other employment records if your complaint involves workplace discrimination.
  • Lease agreements, rental applications, or other housing-related documents if your complaint is about housing discrimination.
  • Witness statements from colleagues, friends, or others who can confirm the discriminatory behavior.

The more evidence you can provide, the stronger your case will be when reviewed by the THRC.

3. File Your Complaint with the THRC

Once you have determined the basis for your complaint and gathered the necessary evidence, you are ready to file your complaint with the THRC. There are several ways to do this:

  • Online: The THRC provides an online complaint form that can be accessed through their official website. This is often the most convenient method, allowing you to submit your complaint quickly and securely.
  • By Mail: You can download a complaint form from the THRC website, fill it out, and mail it to the THRC’s central office.
  • In Person: If you prefer, you can visit one of the THRC’s offices in Nashville, Knoxville, Chattanooga, or Memphis to file your complaint in person.

When filing your complaint, be as detailed as possible about the discrimination you experienced. Include dates, names of those involved, and a description of the discriminatory actions. If you are unsure about how to complete the form, the THRC provides guidance and can assist you with the process.

4. Timeliness of Filing

It’s important to note that there are strict deadlines for filing a discrimination complaint with the THRC. In most cases, you must file your complaint within 180 days of the discriminatory act. If the complaint is related to employment discrimination and also falls under federal jurisdiction, this deadline may be extended to 300 days under the Equal Employment Opportunity Commission (EEOC) guidelines.

Filing your complaint as soon as possible ensures that your rights are protected and that your case is considered in a timely manner.

5. The Investigation Process

After your complaint is filed, the THRC will review it to determine whether it falls within their jurisdiction. If the complaint is accepted, the THRC will notify the respondent (the person or organization against whom the complaint is filed) and begin an investigation.

The investigation may involve:

  • Interviews: The THRC may interview you, the respondent, and any witnesses to gather more information about the case.
  • Document Review: The THRC may request additional documents from you or the respondent to corroborate the claims made in the complaint.
  • Site Visits: In some cases, the THRC may visit the location where the alleged discrimination occurred.

The investigation process can take several months, depending on the complexity of the case and the availability of evidence.

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6. Resolution and Remedies

If the THRC finds evidence of discrimination, they will work to resolve the complaint through various means. This might include mediation, where both parties attempt to reach a voluntary settlement. If a settlement is not reached, the THRC may take further action, including:

  • Ordering the respondent to cease discriminatory practices.
  • Awarding compensation for damages, such as lost wages or emotional distress.
  • Requiring changes to policies or practices to prevent future discrimination.

If the THRC finds that discrimination did not occur, or if the case cannot be resolved through the THRC’s processes, you may have the option to pursue the matter further in court.

7. Understanding Your Rights Throughout the Process

Throughout the process of filing and pursuing a discrimination complaint, it’s essential to understand your rights. You have the right to:

  • File a complaint without fear of retaliation. It is illegal for the respondent to retaliate against you for filing a complaint.
  • Be informed of the status of your complaint.
  • Provide additional evidence or information to support your case.
  • Seek legal representation at any stage of the complaint process.

The THRC is committed to ensuring that all complaints are handled fairly and that your rights are protected throughout the process.

FAQs

What types of discrimination are covered by the Tennessee Human Rights Commission?The THRC covers discrimination based on race, color, creed, religion, sex, national origin, disability, age (40 and older), familial status (in housing), and retaliation for asserting your rights.

How long do I have to file a discrimination complaint with the THRC?You generally have 180 days from the date of the discriminatory act to file a complaint with the THRC. This may extend to 300 days in cases that also fall under federal jurisdiction.

Can I file a complaint online with the THRC?Yes, you can file a discrimination complaint online through the THRC’s official website using their online complaint form.

What happens after I file my complaint with the THRC?After filing, the THRC will review your complaint, notify the respondent, and begin an investigation, which may include interviews, document reviews, and site visits.

What if the THRC finds evidence of discrimination?If discrimination is found, the THRC will attempt to resolve the complaint through mediation or other remedies, such as compensation or requiring changes in policies.

Can I pursue further legal action if the THRC does not resolve my complaint?Yes, if the THRC does not resolve your complaint or if you are unsatisfied with the outcome, you may have the option to pursue further legal action in court.

If you have suffered discrimination in your work place, talk to us today to place a legal complaint. You can call (901)737-7740 or reach out through our contact form.

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