Tennessee Civil Rights Complaint (THRA / TDA)

CIVIL COMPLAINT — EMPLOYMENT DISCRIMINATION — TENNESSEE HUMAN RIGHTS ACT AND PARALLEL FEDERAL CLAIMS

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Tennessee Human Rights Act (T.C.A. § 4-21-401)
7. Count II — Tennessee Disability Act (T.C.A. § 8-50-103)
8. Count III — Title VII of the Civil Rights Act of 1964
9. Count IV — Americans with Disabilities Act
10. Count V — 42 U.S.C. § 1981 / ADEA (as applicable)
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Reservation of Rights
15. Signature and Service Blocks
16. Verification
17. Certificate of Service
18. Tennessee Practice Notes
19. Sources and References

1. CAPTION

STATE OF TENNESSEE

[CIRCUIT / CHANCERY] COURT FOR [COUNTY] COUNTY

CIVIL ACTION NO. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

(Employment Discrimination — Jury Trial Demanded)

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] brings this action against Defendants for unlawful employment discrimination, harassment, and retaliation in violation of the Tennessee Human Rights Act, T.C.A. § 4-21-101 et seq.; the Tennessee Disability Act, T.C.A. § 8-50-103; and parallel federal civil-rights statutes. Plaintiff seeks compensatory damages, back pay, front pay, equitable relief, attorney's fees and costs, and (under the federal counts only) punitive damages.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [COUNTY] County, Tennessee, and was at all material times an "employee" within the meaning of T.C.A. § 4-21-102(4) and 42 U.S.C. § 2000e(f).

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and conducts business throughout Tennessee. Employer employed eight (8) or more persons within Tennessee at all material times and is therefore an "employer" within the meaning of T.C.A. §§ 4-21-102(5) and 8-50-103(b), and fifteen (15) or more persons for purposes of Title VII and the ADA.

3.3. Defendant [INDIVIDUAL DEFENDANT NAME] is an adult resident of [COUNTY/STATE] and at all material times acted as [supervisor / manager / agent] of Employer with authority to make or substantially influence the employment decisions complained of herein.

3.4. This Court has subject-matter jurisdiction over the state-law claims pursuant to T.C.A. § 4-21-311 (THRA private right of action) and concurrent jurisdiction over the federal claims pursuant to Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990).

3.5. Venue is proper in this Court under T.C.A. § 20-4-101 because the discriminatory acts complained of occurred in [COUNTY] County, Tennessee, and Employer maintains a place of business in this County.

4. ADMINISTRATIVE EXHAUSTION

4.1. Plaintiff timely filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"), Charge No. [#####-#####], on [DATE], dual-filed with the Tennessee Attorney General's Civil Rights Enforcement Division (successor to the Tennessee Human Rights Commission). The charge was filed within three hundred (300) days of the most recent discriminatory act pursuant to 42 U.S.C. § 2000e-5(e)(1).

4.2. The EEOC issued a Notice of Right to Sue on [DATE], a copy of which is attached as Exhibit A. This Complaint is filed within ninety (90) days of Plaintiff's receipt of that notice.

4.3. The THRA does not require administrative exhaustion as a prerequisite to a private civil action. T.C.A. § 4-21-311(a). This action is filed within one (1) year of the cessation of the alleged discriminatory practice, in compliance with T.C.A. § 4-21-311(d).

5. FACTUAL ALLEGATIONS

5.1. Plaintiff was hired by Employer on or about [HIRE DATE] as [POSITION/TITLE] at Employer's [LOCATION] facility.

5.2. At all material times, Plaintiff performed the essential functions of the position at or above Employer's legitimate expectations, as evidenced by [performance reviews, awards, promotions, etc.].

5.3. Plaintiff is a member of one or more protected classes under the THRA and parallel federal law: [race / color / religion / sex / national origin / age 40+ / disability / pregnancy / etc.].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following discriminatory and/or harassing conduct by [NAME OF DECISION-MAKER / HARASSER]:

• [Specific incident #1 — date, location, persons present, statements made];
• [Specific incident #2 — date, location, persons present, statements made];
• [Specific incident #3 — disparate treatment vs. similarly situated comparators];
• [Specific incident #4 — denial of accommodation, promotion, or pay].

5.5. On [DATE], Plaintiff complained of the foregoing conduct to [HR / supervisor / hotline] in [written / verbal / email] form, thereby engaging in protected activity under T.C.A. § 4-21-301(1) and 42 U.S.C. § 2000e-3(a).

5.6. Within [NUMBER] days of Plaintiff's protected complaint, Employer [disciplined / demoted / terminated / failed to promote / cut hours of] Plaintiff, citing pretextual reasons including [stated reason].

5.7. Similarly situated employees outside Plaintiff's protected class(es) — including [NAMES, IF KNOWN] — engaged in the same or comparable conduct without comparable adverse consequences.

5.8. The reasons offered by Employer for the adverse employment actions are pretextual; the true motivating factor was Plaintiff's protected status and/or protected activity.

5.9. As a direct and proximate result, Plaintiff has suffered lost wages, lost benefits, lost career advancement, emotional distress, embarrassment, humiliation, anxiety, and damage to professional reputation.

6. COUNT I — TENNESSEE HUMAN RIGHTS ACT (T.C.A. § 4-21-401)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.9 as if fully set forth herein.

6.2. Employer is an "employer" within the meaning of T.C.A. § 4-21-102(5).

6.3. Plaintiff is a member of a protected class on the basis of [race / color / religion / sex / national origin / age] within the meaning of T.C.A. § 4-21-401(a)(1).

6.4. Employer engaged in unlawful discriminatory practices by [failing to hire / discharging / failing to promote / demoting / harassing / paying less / classifying] Plaintiff because of Plaintiff's protected status, in violation of T.C.A. § 4-21-401(a).

6.5. Retaliation. Employer also retaliated against Plaintiff for opposing practices made unlawful by the THRA and for participating in protected activity, in violation of T.C.A. § 4-21-301(1).

6.6. Hostile work environment. The harassment alleged herein was severe or pervasive, was unwelcome, was based on Plaintiff's protected status, and was sufficiently severe or pervasive to alter the terms and conditions of Plaintiff's employment, satisfying the standard articulated in Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996).

6.7. As a direct and proximate result of Employer's THRA violations, Plaintiff is entitled to compensatory damages, including back pay, front pay, lost benefits, lost retirement contributions, and damages for embarrassment and humiliation, together with reasonable attorney's fees and costs pursuant to T.C.A. § 4-21-311(b).

7. COUNT II — TENNESSEE DISABILITY ACT (T.C.A. § 8-50-103)

7.1. Plaintiff incorporates Paragraphs 1.1 through 5.9 as if fully set forth herein.

7.2. Plaintiff has a [physical / mental / visual] disability within the meaning of T.C.A. § 8-50-103(a), which does not prevent Plaintiff from performing the duties of the position.

7.3. Employer discriminated against Plaintiff in the [hiring / firing / terms or conditions of] employment solely because of Plaintiff's disability, in violation of T.C.A. § 8-50-103.

7.4. As a direct and proximate result, Plaintiff is entitled to the same remedies available under the THRA, including compensatory damages and attorney's fees pursuant to T.C.A. § 8-50-103(b)(2) (incorporating THRA procedures and remedies).

8. COUNT III — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

8.1. Plaintiff incorporates Paragraphs 1.1 through 5.9 as if fully set forth herein.

8.2. Employer is an "employer" within the meaning of 42 U.S.C. § 2000e(b), employing fifteen (15) or more persons in each of twenty or more calendar weeks in the current or preceding calendar year.

8.3. Employer's conduct constitutes unlawful discrimination on the basis of [race / color / religion / sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)) / national origin] in violation of 42 U.S.C. § 2000e-2(a).

8.4. Employer further retaliated against Plaintiff for engaging in protected activity, in violation of 42 U.S.C. § 2000e-3(a).

8.5. Employer's conduct was intentional and undertaken with malice or reckless indifference to Plaintiff's federally protected rights, entitling Plaintiff to punitive damages pursuant to 42 U.S.C. § 1981a(b)(1), subject to the statutory caps in § 1981a(b)(3).

9. COUNT IV — AMERICANS WITH DISABILITIES ACT (42 U.S.C. § 12101 ET SEQ.)

9.1. Plaintiff incorporates Paragraphs 1.1 through 5.9 as if fully set forth herein.

9.2. Plaintiff is a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12111(8) and (9), capable of performing the essential functions of the position with or without reasonable accommodation.

9.3. Employer discriminated against Plaintiff on the basis of disability and/or failed to provide reasonable accommodation despite Plaintiff's timely request for [ACCOMMODATION REQUESTED], in violation of 42 U.S.C. § 12112(a) and (b)(5)(A).

9.4. Plaintiff is entitled to compensatory and punitive damages under 42 U.S.C. § 1981a, subject to statutory caps; back pay; front pay; equitable relief; attorney's fees; and costs.

10. COUNT V — 42 U.S.C. § 1981 / ADEA (As Applicable)

10.1. Plaintiff incorporates Paragraphs 1.1 through 5.9 as if fully set forth herein.

10.2. (§ 1981 Theory.) Defendants intentionally interfered with Plaintiff's right to make and enforce contracts on the basis of race, in violation of 42 U.S.C. § 1981. Punitive damages under § 1981 are not subject to the § 1981a caps.

10.3. (ADEA Theory.) Plaintiff was age 40 or older at all material times. Employer discriminated against Plaintiff because of age in violation of 29 U.S.C. § 623(a). Employer's violation was willful, entitling Plaintiff to liquidated damages equal to back pay under 29 U.S.C. § 626(b).

11. DAMAGES

11.1. Back pay and lost benefits. Plaintiff seeks back pay from the date of the adverse employment action, including lost wages, bonuses, commissions, retirement contributions, health insurance, and other benefits, in an amount to be proven at trial.

11.2. Front pay. Plaintiff seeks front pay in lieu of reinstatement where reinstatement is impracticable.

11.3. Compensatory damages. Plaintiff seeks compensatory damages for emotional distress, embarrassment, humiliation, mental anguish, anxiety, loss of enjoyment of life, and damage to professional reputation, recoverable under the THRA, TDA, Title VII, ADA, and § 1981.

11.4. Punitive damages (federal counts only). Plaintiff seeks punitive damages under Title VII, the ADA, and 42 U.S.C. § 1981. Plaintiff does NOT seek punitive damages under the Tennessee Human Rights Act in light of Carver v. Citizens Utilities Co., 954 S.W.2d 34 (Tenn. 1997).

11.5. Liquidated damages (ADEA). If applicable, Plaintiff seeks liquidated damages equal to back pay for Employer's willful ADEA violation.

11.6. Attorney's fees and costs. Plaintiff seeks reasonable attorney's fees and costs pursuant to T.C.A. § 4-21-311(b), 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 12205, 42 U.S.C. § 1988, and 29 U.S.C. § 626(b).

11.7. Pre- and post-judgment interest.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants as follows:

• A. For compensatory damages, including back pay, front pay, lost benefits, and damages for emotional distress and humiliation, in an amount to be determined at trial;
• B. For punitive damages under Title VII, the ADA, and 42 U.S.C. § 1981 (subject to applicable statutory caps);
• C. For liquidated damages under the ADEA, if applicable;
• D. For an order reinstating Plaintiff or, in the alternative, awarding front pay;
• E. For an injunction prohibiting further discrimination and retaliation, and ordering appropriate equitable relief including expungement of negative personnel records;
• F. For pre- and post-judgment interest at the maximum lawful rate;
• G. For reasonable attorney's fees and costs pursuant to T.C.A. § 4-21-311(b), 42 U.S.C. §§ 1988, 2000e-5(k), and 12205, and 29 U.S.C. § 626(b);
• H. For such other and further relief as the Court deems just and proper.

13. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Tenn. R. Civ. P. 38, T.C.A. § 4-21-311(a), and the Seventh Amendment to the United States Constitution.

14. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims or join additional parties as discovery may reveal, in accordance with Tenn. R. Civ. P. 15.

15. SIGNATURE AND SERVICE BLOCKS

Date: [___________________]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], BPR No. [######]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY], Tennessee [ZIP]**

Telephone: [(___) ___-____]

Email: [EMAIL]

16. VERIFICATION

STATE OF TENNESSEE

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action; that I have read the foregoing Verified Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

17. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], a true and correct copy of the foregoing VERIFIED COMPLAINT has been served upon the following by [U.S. Mail, postage prepaid / hand delivery / email per Tenn. R. Civ. P. 5.02 / e-filing per Tenn. Sup. Ct. R. 46A]:

[SERVICE LIST WITH NAMES, ADDRESSES, AND EMAILS]

[________________________________]

[ATTORNEY NAME]

18. TENNESSEE PRACTICE NOTES

• Pleading standard. Tennessee follows fact-pleading under Tenn. R. Civ. P. 8.01, requiring "a short and plain statement of the claim showing that the pleader is entitled to relief," construed under Webb v. Nashville Area Habitat for Humanity, 346 S.W.3d 422 (Tenn. 2011), to require sufficient facts to put the defendant on notice of each element of the cause of action.
• No punitive damages under the THRA in employment cases. Carver v. Citizens Utilities Co., 954 S.W.2d 34 (Tenn. 1997). Punitive damages under THRA are confined to discriminatory housing and malicious harassment claims (T.C.A. § 4-21-701). Plead federal counts to preserve punitive exposure.
• Statute of limitations. THRA private actions: one (1) year from cessation of the discriminatory practice, T.C.A. § 4-21-311(d). TDA: one (1) year. Title VII / ADA / ADEA: 90 days from receipt of EEOC right-to-sue. § 1981: four (4) years (28 U.S.C. § 1658).
• EEOC charge deadlines. 300 days in Tennessee because of the work-share agreement with the (former) Tennessee Human Rights Commission (now succeeded by the Tennessee Attorney General's Civil Rights Enforcement Division). The state-law THRC charge deadline of 180 days under T.C.A. § 4-21-302 remains relevant for THRA administrative review.
• Damages caps. Title VII / ADA compensatory and punitive damages combined are capped under 42 U.S.C. § 1981a(b)(3) based on employer size ($50,000 to $300,000). Section 1981 punitives are uncapped. THRA back pay and compensatory damages are uncapped.
• Protected classes — THRA does NOT cover sexual orientation or gender identity. SO/GI plaintiffs must rely on Title VII under Bostock v. Clayton County, 590 U.S. 644 (2020).
• Forum. THRA actions are filed in chancery court or circuit court, T.C.A. § 4-21-311(a). Federal counts may be removed to U.S. District Court under 28 U.S.C. § 1441; consider strategic implications of forum.
• Individual liability. Tennessee courts have generally held that supervisors are not individually liable under the THRA for discrimination claims (cf. Carr v. United Parcel Service, 955 S.W.2d 832 (Tenn. 1997), abrogated on other grounds), but may be liable for retaliation, aiding and abetting (T.C.A. § 4-21-301(2)), and inducement (T.C.A. § 4-21-701).
• Mediation. Many Tennessee circuit and chancery courts mandate mediation under Tenn. Sup. Ct. R. 31. Plan for early ADR.
• Continuing-violation doctrine. Hostile-work-environment claims may be timely if at least one act falls within the limitations period, National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002); discrete acts (termination, demotion, refusal to hire) must each be timely.

19. SOURCES AND REFERENCES

• T.C.A. § 4-21-101 et seq. (Tennessee Human Rights Act) — https://www.capitol.tn.gov/
• T.C.A. § 4-21-401 (Discriminatory employer practices)
• T.C.A. § 4-21-311 (Private right of action; one-year limitation; attorney's fees)
• T.C.A. § 4-21-302 (Administrative complaint procedure; 180-day filing window)
• T.C.A. § 8-50-103 (Tennessee Disability Act)
• Carver v. Citizens Utilities Co., 954 S.W.2d 34 (Tenn. 1997) (no punitive damages under THRA in employment cases)
• Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996) (hostile-work-environment standard)
• Webb v. Nashville Area Habitat for Humanity, 346 S.W.3d 422 (Tenn. 2011) (pleading standard)
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII covers SO/GI)
• 42 U.S.C. § 2000e et seq. (Title VII)
• 42 U.S.C. § 1981a (federal damages caps and punitive standard)
• 42 U.S.C. § 12101 et seq. (ADA)
• 29 U.S.C. § 621 et seq. (ADEA)
• Tennessee Attorney General — Civil Rights Enforcement Division — https://www.tn.gov/attorneygeneral/
• Tennessee Rules of Civil Procedure — https://www.tncourts.gov/rules/rules-civil-procedure
• 2025 Tenn. Pub. Acts ch. 437 (HB 910 / SB 860) (dissolving THRC effective June 30, 2025)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Tennessee must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities — particularly post-July 2025 administrative procedures — before use.