hostile work environment claim in Tennessee

2020Bank, FSB, 477 U.S. at 67 , 106 S.Ct. 2399 (quoting Henson v. City of Dundee, 682 F.2d 897, 904 (11th Cir. 1982)). 227 S.W.3d 595, 602 (Tenn. Ct. App. 2007).

2008A hostile work environment claim is established upon proof of conduct that is “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.’” Meritor Savings Bank, FSB, 477 U.S. at 67 (quoting Henson v. City of Dundee, 682 F.2d 897, 904 (11th Cir.1982)).

2019Further, a hostile work environment claim is established upon proof of conduct that is “sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.” Vinson, 477 U.S. at 67 (internal quotation omitted).

2019Further, a hostile work environment claim is established upon proof of conduct that is “sufficiently severe or pervasive to alter the conditions of [the victim’s] employment and create an abusive working environment.” Vinson, 477 U.S. at 67 (internal quotation omitted).

2020Miller v. Kenworth of Dothan, Inc., 277 F.3d 1269, 1275 (11th Cir. 2002).

2016Miller v. Kenworth of Dothan, Inc., 277 F.3d 1269, 1275 (11th Cir. 2002).

2025The trial court found that Ms. Ruiz made an additional complaint in August 2 As we noted in Phelps v. State, 634 S.W.3d 721 , 727-28 (Tenn. Ct. App. 2021) (quoting Campbell v Fla. Steel Corp., 919 S.W.2d 26, 31 (Tenn. 1996)), To prevail on a hostile work environment claim in a sexual harassment case, an employee must assert and prove that (1) the employee is a member of a protected class; (2) the employee was subjected to unwelcomed sexual harassment; (3) the harassment occurred because of the employee’s gender; (4) the harassment affected a term, condition, or privilege of employment; and (5)

2008The key inquiry in a hostile work environment claim based on race “is whether an employee, or a group of employees, of one race has been subjected to disadvantageous terms or conditions of employment to which members of another race are not exposed.” Campbell, 919 S.W.2d at 32 .

2007“If, however, the trial court misstates the governing law, an appellate court need not afford full deference to those factual determinations that depend upon, or incorporate, the erroneous rule of law.” Id. (citing Daniels v. Essex Group, Inc., 937 F.2d 1264, 1269 (7th Cir.1991) (discussing the principle in the context of a hostile work environment claim)).

1996See Daniels, 937 F.2d at 1269 (discussing the principle in the context of a hostile work environment claim).

2025Id. (quoting King v. Aramark Services, Inc., 96 F.4th 546 , 560 (2d Cir. 2024)).

2021See Booker, 188 S.W.3d at 646 (citing National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 117 , 122 S. Ct. 2061 , 153 L.Ed.2d 106 (2002)) (“[A] hostile environment claim is not made timely by linking the “component acts” together through the continuing violation doctrine.

2020Bank, FSB, 477 U.S. at 67 , 106 S.Ct. 2399 (quoting Henson v. City of Dundee, 682 F.2d 897, 904 (11th Cir. 1982)). 227 S.W.3d 595, 602 (Tenn. Ct. App. 2007).

2016Frye, 227 S.W.3d at 612 .

2025However, the Olivieri court rejected a similar argument. “[G]iven the ongoing nature of a hostile work environment claim, which is a singular claim predicated on a series of acts over a course of time, to the extent that [the plaintiff] alleges post- Effective-Date conduct, the application of the statute to a claim arising in part from that conduct can’t properly be described as ‘retroactive.’” Olivieri, 112 F.4th at 91.

2025The defendants’ rights are affected not just by conduct arising before the EFAA’s enactment, but “by conduct that occurred after its enactment.” Id.

2025Id. (quoting King v. Aramark Services, Inc., 96 F.4th 546 , 560 (2d Cir. 2024)).

2025“A hostile work environment claim - 10 - continues to accrue, or reaccrues, each time the defendant engages in an act that is ‘part of the ongoing, discriminatory practice that created a hostile work environment.’” Id. (quoting King, 96 F.4th at 561). “[S]uch claims can have multiple accrual dates.” Id. at 89.

2021See Booker, 188 S.W.3d at 646 (citing National Railroad Passenger Corp. v. Morgan, 536 U.S. 101, 117 , 122 S. Ct. 2061 , 153 L.Ed.2d 106 (2002)) (“[A] hostile environment claim is not made timely by linking the “component acts” together through the continuing violation doctrine.

2011See Barrett, 556 F.3d at 515 . -11- In determining whether a plaintiff was subjected to a hostile work environment, the trier of fact must examine the totality of the circumstances.

1996Landgraf v. USI Film Products, 968 F.2d 427, 430 (5th Cir.1992); Henry v. Lennox Indus., Inc., 768 F.2d 746, 752 (6th Cir.1985).

1996Landgraf v. USI Film Products, 968 F.2d 427, 430 (5th Cir.1992); Henry v. Lennox Indus., Inc., 768 F.2d 746, 752 (6th Cir.1985).