Tennessee Code Annotated

Tenn. Code Ann. § 50-3-409 (2026)

Discrimination against employee

✓ current as of May 2026

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(a) No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or because of the exercise by the employee on behalf of the employee or others of any rights afforded by this chapter.

(b)
- (1) Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) days after the violation occurs, file a complaint with the commissioner of labor and workforce development alleging the discrimination.
- (2) Upon receipt of the complaint, the commissioner shall cause an investigation to be made that the commissioner deems appropriate.
- (3)
  - (A) If, upon investigation, the commissioner determines that this section has been violated, the commissioner shall bring an action in any appropriate chancery court against the person.
  - (B) In any such action, the chancery courts shall have jurisdiction, for cause shown, to restrain violations of subsection (a) and order all appropriate relief, including rehiring or reinstatement of the employee to the employee's former position with back pay.

(c) Within ninety (90) days of the receipt of a complaint filed under this section, the commissioner shall notify the complainant of the commissioner's determination under subsection (b).

Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 21, 35; T.C.A., § 50-542; Acts 1999, ch. 520, § 41.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2009–2021 · leading case: Boyd v. Edwards & Assocs., Inc., 309 S.W.3d 470 (Tenn. Ct. App. 2009).

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Boyd v. Edwards & Assocs., Inc., 309 S.W.3d 470 (Tenn. Ct. App. 2009). · cites it 6× “Do the discretionary administrative remedies described in TOSHA at Tenn.Code Ann. § 50-3-409 preclude a retaliatory discharge victim from pursuing a public policy common law retaliatory discharge claim? 3.”

Memphis Ctr. for Reprod. Health v. Herbert Slatery, III, 14 F.4th 409 (6th Cir. 2021). “Compare Tenn. Code Ann. § 50-3-409 (a) (prohibiting discrimination against an employee “because of the exercise .”

McKeown v. State of Tennessee, DHS (M.D. Tenn. 2021). · cites it 2× “See Tenn. Code Ann. § 50-3-409 . Thus, the plaintiff’s claim for retaliatory discharge under TOSHA must also be dismissed for failure to state a claim.”

Memphis Ctr. for Reprod. Health v. Herbert Slatery, III (6th Cir. 2021). “Compare Tenn. Code Ann. § 50-3-409 (a) (prohibiting discrimination against an employee “because of the exercise .”

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