Tennessee Code Annotated
Tenn. Code Ann. § 4-21-311 (2026)
Additional remedies preserved - Civil Action - Allocations of burden of proof
✓ current as of May 2026
- (a) Any person injured by any act in violation of this chapter shall have a civil cause of action in chancery court or circuit court.
- (b) In such an action, the court may issue any permanent or temporary injunction, temporary restraining order, or any other order and may award to the plaintiff actual damages sustained by such plaintiff, together with the costs of the lawsuit, including a reasonable fee for the plaintiff's attorney of record, all of which shall be in addition to any other remedies contained in this chapter.
- (c) In cases involving discriminatory housing practices, the court may award punitive damages to the plaintiff, in addition to the other relief specified in this section and this chapter. In addition to the remedies set forth in this section, all remedies described in § 4-21-306, except the civil penalty described in § 4-21-306(a)(9), shall be available in any lawsuit filed pursuant to this section.
- (d) A civil cause of action under this section shall be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases, and any such action shall supersede any complaint or hearing before the commission concerning the same alleged violations, and any such administrative action shall be closed upon such filing.
- (e) In any civil cause of action alleging a violation of this chapter or of § 8-50-103, the plaintiff shall have the burden of establishing a prima facie case of intentional discrimination or retaliation. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the challenged employment action. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination or retaliation raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the challenged employment action and that the stated reason was a pretext for illegal discrimination or retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of intentional discrimination or retaliation.
Acts 1978, ch. 748, § 26; T.C.A., §§ 4-2124, 4-21-124; Acts 1989, ch. 374, § 1; 1992, ch. 1027, § 8; 1996, ch. 777, §§ 8, 9; 2011 , ch. 461, § 1.
Notes of Decisions
Cited in 125
cases (28 in the last 5 years), 1988–2026 · leading case: Booker v. the Boeing Co., 188 S.W.3d 639 (Tenn. 2006).
Booker v. the Boeing Co., 188 S.W.3d 639 (Tenn. 2006). “Analysis The THRA’s statute of limitations provides, “[a] civil cause of action under this section shall be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases-” Tenn.Code Ann. § 4-21-311(d) (2005). Booker argues that the…”
Larry Sneed v. The City of Red Bank, Tennessee, 459 S.W.3d 17 (Tenn. 2014). “” Tenn.Code Ann. § 4-21-311(a). These provisions evidence the Legislature’s intent to place governmental employers “in the same standing as private employers.”
Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997). “The relevant portions of § 4-21-306 are as follows: Affirmative action ordered under this section may include, but is not limited to: [[Image here]] (8) Such other remedies as shall be necessary and proper to eliminate all of the discrimination identified by the evidence…”
England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). “Tenn.Code Ann. § 4-21-311. Claimants choosing the judicial route as opposed to administrative remedies are governed by section 311 of the THRA, which originally provided: 4-21-311.”
Timmy Sykes v. Chattanooga Hous. Auth., 343 S.W.3d 18 (Tenn. 2011). “Greene have met their burden and therefore summary judgment was incorrectly granted on their THRA claims.”
Fahrner v. SW Mfg., Inc., 48 S.W.3d 141 (Tenn. 2001). “at 389-90 (discussing Tenn.Code Ann. § 4-21-311, the statute of limitations for employment discrimination under the THRA).”
Susan R.Templeton v. Macon Cnty., Tennessee, Bd. of Educ., 576 S.W.3d 691 (Tenn. Ct. App. 2018). “See, Tenn. Code Ann. § 4-21-311 (e). The Court finds that there is ample evidence in the record to support such neutral reasons for the challenged employment action.”
Wood v. Parker, 901 S.W.2d 374 (Tenn. Ct. App. 1995). “may award to the plaintiff actual damages sustained by such plaintiff, together with the costs of the lawsuit, including a reasonable fee for the plaintiffs attorney of record_” Tenn.Code Ann. § 4-21-311 (Supp.1994) (emphasis added).”
Porsha Perkins v. Metro. Gov't of Nashville & Davidson Cnty., 380 S.W.3d 73 (Tenn. 2012). “In response to this Court’s decision in Gossett , the General Assembly enacted Tennessee Code Annotated section 4-21-311(e) (2011). This case does not require us to address or to reconcile Gossett and Tennessee Code Annotated section 4-21-311(e).”
Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019). “461, § 1 (codified at Tenn. Code Ann. § 4-21-311 (e) (West, Westlaw through 2019 First Reg.”
Sharon Puckett, Cross-Appellee v. Tennessee Eastman Co., Cross-Appellant, 889 F.2d 1481 (6th Cir. 1989). “, is precluded by a judicially imposed one-year limitations period on claims brought pursuant to Tenn. Code Ann. § 4-21-311 . See Hoge v. Roy H.”
Belcher v. Sears, Roebuck & Co., 686 F. Supp. 671 (M.D. Tenn. 1988). “” The defendant argues that under Tenn. Code Ann. § 4-21-311 the plaintiff’s claims for damages may not include compensatory damages for physical or emotional injury, including “serious embarrassment and humiliation.”
— Tenn. Code Ann. § 4-21-311(a) — 9 cases
Larry Sneed v. The City of Red Bank, Tennessee, 459 S.W.3d 17 (Tenn. 2014). “” Tenn.Code Ann. § 4-21-311(a). These provisions evidence the Legislature’s intent to place governmental employers “in the same standing as private employers.”
Spann v. Abraham, 36 S.W.3d 452 (Tenn. Ct. App. 1999).
Baker v. Windsor Repub. Doors, 635 F. Supp. 2d 765 (W.D. Tenn. 2009).
Wilkinson v. Sally Beauty Co., Inc., 896 F. Supp. 741 (M.D. Tenn. 1995).
Conner v. City of Jackson, Tenn., 669 F. Supp. 2d 886 (W.D. Tenn. 2009).
— Tenn. Code Ann. § 4-21-311(b) — 3 cases
Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006).
Larry Sneed v. The City of Red Bank, Tennessee, 459 S.W.3d 17 (Tenn. 2014). “” Tenn.Code Ann. § 4-21-311(a). These provisions evidence the Legislature’s intent to place governmental employers “in the same standing as private employers.”
Atkins v. LQ Mgmt., LLC, 138 F. Supp. 3d 961 (M.D. Tenn. 2015).
— Tenn. Code Ann. § 4-21-311(c) — 1 case
Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997). “The relevant portions of § 4-21-306 are as follows: Affirmative action ordered under this section may include, but is not limited to: [[Image here]] (8) Such other remedies as shall be necessary and proper to eliminate all of the discrimination identified by the evidence…”
— Tenn. Code Ann. § 4-21-311(d) — 17 cases
Booker v. the Boeing Co., 188 S.W.3d 639 (Tenn. 2006). “Analysis The THRA’s statute of limitations provides, “[a] civil cause of action under this section shall be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases-” Tenn.Code Ann. § 4-21-311(d) (2005). Booker argues that the…”
Frazier v. Heritage Fed. Bank for Sav., 955 S.W.2d 633 (Tenn. Ct. App. 1997).
Larry Sneed v. The City of Red Bank, Tennessee, 459 S.W.3d 17 (Tenn. 2014). “” Tenn.Code Ann. § 4-21-311(a). These provisions evidence the Legislature’s intent to place governmental employers “in the same standing as private employers.”
Darryl Jones v. City of Franklin, 309 F. App'x 938 (6th Cir. 2009).
Reed v. Cracker Barrel Old Country Store, Inc., 133 F. Supp. 2d 1055 (M.D. Tenn. 2000).
— Tenn. Code Ann. § 4-21-311(e) — 10 cases
Porsha Perkins v. Metro. Gov't of Nashville & Davidson Cnty., 380 S.W.3d 73 (Tenn. 2012). “In response to this Court’s decision in Gossett , the General Assembly enacted Tennessee Code Annotated section 4-21-311(e) (2011). This case does not require us to address or to reconcile Gossett and Tennessee Code Annotated section 4-21-311(e).”
Mitch Goree v. United Parcel Serv., Inc., 490 S.W.3d 413 (Tenn. Ct. App. 2015).
Burress v. City of Franklin, 809 F. Supp. 2d 795 (M.D. Tenn. 2011).
Susan R.Templeton v. Macon Cnty., Tennessee, Bd. of Educ., 576 S.W.3d 691 (Tenn. Ct. App. 2018). “See, Tenn. Code Ann. § 4-21-311 (e). The Court finds that there is ample evidence in the record to support such neutral reasons for the challenged employment action.”
Hawkins v. Ctr. for Spinal Surgery, 34 F. Supp. 3d 822 (M.D. Tenn. 2014).
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