FEPA Discrimination Charge and Right-to-Sue Procedure — Tennessee

FEPA Discrimination Charge and Right-to-Sue Procedure (TENNESSEE)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

I. Threshold Coverage Analysis

II. SOL Calculation

III. Forum Selection

IV. Damages Estimate

V. Recommendation

[NARRATIVE — forum strategy, dual-filing, deadlines, evidence preservation. Consider that THRA permits direct court filing without exhaustion; this is often the fastest path in Tennessee.]

Part B — Charge of Discrimination (CRED Filing — Post-July 2025)

[DATE: __/__/____]

Filed with Civil Rights Enforcement Division (CRED), Tennessee Attorney General's Office

CHARGE OF DISCRIMINATION TO THE TENNESSEE CIVIL RIGHTS ENFORCEMENT DIVISION

Sworn Complaint Under T.C.A. § 4-21-302

I. Bases of Discrimination (T.C.A. § 4-21-401)

☐ Race ☐ Creed/religion ☐ Color ☐ Sex ☐ Pregnancy (federal interpretation) ☐ Age (40+) ☐ National origin ☐ Disability (Tennessee Disability Act — T.C.A. § 8-50-103; ADA via federal dual-filing) ☐ Retaliation for opposing or participating in protected activity

II. Unlawful Employment Practice (T.C.A. § 4-21-401)

☐ Failure or refusal to hire ☐ Discharge ☐ Discrimination in compensation, terms, conditions, privileges ☐ Limit, segregate, classify employees ☐ Harassment / hostile work environment ☐ Retaliation ☐ Failure to accommodate (TDA/ADA)

III. Statement of Particulars

1. Hire and Position. Charging Party was hired by [EMPLOYER] on [__/__/____] as a [JOB TITLE]. Direct supervisor: [NAME]. Most recent compensation: $[________].

2. Employer Size. On information and belief, Respondent employs approximately [____] persons, satisfying the 8-employee THRA threshold under T.C.A. § 4-21-102(5).

3. Protected Class. Charging Party is a member of the following protected class(es) under THRA: [____________].

4. Adverse Action. On or about [__/__/____], Respondent [DESCRIBE — discharged / demoted / failed to promote / harassed / denied accommodation / retaliated against] Charging Party.

5. Discriminatory Conduct.
   - [Incident 1 — date, location, actors, conduct, witnesses, documents]
   - [Incident 2 — date, location, actors, conduct, witnesses, documents]
   - [Incident 3 — date, location, actors, conduct, witnesses, documents]

6. Comparators. Similarly situated employees outside Charging Party's protected class were treated more favorably: [NAMES, CIRCUMSTANCES].

7. Notice / Internal Complaint. On [__/__/____], Charging Party reported the conduct to [HR / Supervisor]. Response: [____________].

8. Reasonable Accommodation (if applicable). On [__/__/____], Charging Party requested [accommodation] for [disability under TDA/ADA / religion]. Respondent [denied / failed to engage / granted then revoked].

9. Retaliation. After Charging Party engaged in protected activity on [__/__/____], Respondent retaliated by [adverse action] on [__/__/____].

10. Damages. Lost wages, emotional distress, medical expenses — amount to be determined.

IV. Relief Requested

☐ Reinstatement
☐ Back pay and front pay
☐ Compensatory damages
☐ Attorney's fees and costs (T.C.A. § 4-21-311(d))
☐ Injunctive relief
☐ Expungement of disciplinary records
☐ Punitive damages (only via parallel federal Title VII / ADA / § 1981 claims — NOT available under THRA)

V. Cross-Filing Request

☐ Charging Party requests cross-filing with the U.S. EEOC under any applicable EEOC-CRED workshare arrangement to preserve Title VII / ADA / ADEA / GINA rights (including LGBTQ+ protection under Bostock v. Clayton County, 590 U.S. 644 (2020)).

VI. Verification

I declare under penalty of perjury under the laws of the State of Tennessee that the foregoing is true and correct.

______________________________
[CHARGING PARTY SIGNATURE]
Date: [__/__/____]

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

______________________________
Notary Public, State of Tennessee
My Commission Expires: [__/__/____]

Part C — Right-to-Sue / Election Demand Letter

[DATE: __/__/____]

Via U.S. Mail (Certified, Return Receipt Requested — Article No. [________________]) AND Email

RE: Notice of Election to Pursue Private Right of Action — T.C.A. § 4-21-311 — CRED Charge No. [________________]

Dear CRED:

Pursuant to T.C.A. § 4-21-311, Charging Party [NAME] hereby provides notice of election to pursue the private right of action under the Tennessee Human Rights Act and requests that the above-captioned charge be WITHDRAWN WITHOUT PREJUDICE to permit Charging Party to file a civil action in Tennessee Circuit or Chancery Court.

THRA does not require a right-to-sue letter from CRED; the statute provides a direct private right of action under T.C.A. § 4-21-311. Charging Party intends to file a Complaint in [____________] County [Circuit/Chancery] Court within the 1-year statute of limitations.

If this matter has been cross-filed with the U.S. EEOC, Charging Party simultaneously requests an EEOC Notice of Right to Sue under 29 C.F.R. § 1601.28 to preserve Title VII / ADA / ADEA / GINA rights.

Please issue written confirmation of withdrawal without prejudice and close the CRED file.

Thank you for your prompt attention.

Respectfully,

______________________________
[CHARGING PARTY or COUNSEL]
[Firm, Address, Phone, Email, TN BPR No.]

cc: [EMPLOYER / COUNSEL]; EEOC Memphis or Nashville Office (if cross-filed)

Part D — Pre-Suit Civil Complaint (Tennessee Circuit or Chancery Court)

IN THE [CIRCUIT / CHANCERY] COURT FOR [____________] COUNTY, TENNESSEE

No. [________________]

COMPLAINT FOR DAMAGES AND OTHER RELIEF
Tennessee Human Rights Act — T.C.A. § 4-21-101 et seq.

Plaintiff [NAME], by counsel, alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff [NAME] is a citizen and resident of [COUNTY], Tennessee.
2. Defendant [EMPLOYER] is a [corporation/LLC] doing business in [COUNTY], Tennessee, employing 8 or more persons.
3. Subject-matter jurisdiction is proper under T.C.A. § 4-21-311 and § 16-10-101 (Circuit Court) or § 16-11-101 (Chancery Court).
4. Venue is proper in [COUNTY] under T.C.A. § 20-4-101 because the unlawful acts occurred here and Defendant transacts business here.
5. This Complaint is timely under T.C.A. § 4-21-311, having been filed within one year of the cessation of the unlawful practice.

Factual Allegations

6. [Hire date, position, supervisor, salary, performance]
7. [Protected class and disclosure]
8. [Discriminatory conduct in detail]
9. [Internal complaint and employer response]
10. [Adverse action]
11. [Damages]

COUNT I — Discrimination in Violation of THRA (T.C.A. § 4-21-401)

12. Plaintiff incorporates the preceding paragraphs.
13. Defendant discriminated against Plaintiff on the basis of [protected class] in the terms and conditions of employment, in violation of T.C.A. § 4-21-401.

COUNT II — Hostile Work Environment / Harassment

14. Plaintiff incorporates the preceding paragraphs.
15. Plaintiff was subjected to severe or pervasive harassment based on [protected class], in violation of T.C.A. § 4-21-401.

COUNT III — Retaliation (T.C.A. § 4-21-301)

16. Plaintiff incorporates the preceding paragraphs.
17. After Plaintiff engaged in protected activity, Defendant retaliated against Plaintiff in violation of T.C.A. § 4-21-301.

COUNT IV — Disability Discrimination / Failure to Accommodate (T.C.A. § 8-50-103) (if applicable)

18. Plaintiff incorporates the preceding paragraphs.
19. Defendant discriminated against Plaintiff on the basis of disability and failed to provide reasonable accommodation in violation of the Tennessee Disability Act, T.C.A. § 8-50-103.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant:

A. Compensatory damages including back pay, front pay, and emotional distress damages;
B. Reasonable attorney's fees and costs under T.C.A. § 4-21-311(d);
C. Pre- and post-judgment interest;
D. Injunctive and equitable relief — reinstatement, expungement, training, policy reform;
E. Such other relief as the Court deems just.

JURY DEMAND (Circuit Court only)

Plaintiff demands a trial by jury on all issues so triable pursuant to Tenn. R. Civ. P. 38.

Respectfully submitted,

______________________________
[COUNSEL NAME], Esq. (TN BPR No. [________])
[Firm, Address, Phone, Email]
Attorneys for Plaintiff

Dated: [__/__/____]

Part E — Pre-Filing Checklist

Immediately upon discriminatory act

☐ Calendar 180-day CRED deadline, 300-day EEOC deadline, and 1-year THRA court deadline.
☐ Preserve all evidence: emails, texts, performance reviews, write-ups, pay stubs, handbook.
☐ Write contemporaneous notes — dates, times, witnesses, words spoken.
☐ Identify witnesses; obtain written statements.
☐ Request personnel file in writing.
☐ Do not sign any release, separation agreement, or arbitration agreement without counsel review.

Coverage and forum analysis (Part A memo)

☐ Confirm Respondent has 8+ employees (THRA) or 15+ (Title VII).
☐ Identify protected classes and adverse actions.
☐ Determine if claim involves sexual orientation / gender identity — if so, EEOC filing is critical (Bostock).
☐ Determine if claim involves disability — file under TDA and dual-file ADA.
☐ Decide CRED filing vs. direct court action; THRA permits direct court filing without exhaustion.

Before filing CRED charge (Part B)

☐ Complete CRED intake.
☐ Have charge notarized (sworn under oath per T.C.A. § 4-21-302).
☐ Submit via CRED.
☐ Request EEOC cross-filing for federal coverage.
☐ Save copy of charge and confirmation.

During CRED process

☐ Respond promptly to CRED information requests.
☐ Note that CRED does NOT adjudicate; investigation only.
☐ Plan to seek court relief regardless of CRED outcome.

If proceeding directly to court (Part C)

☐ Send written election-to-litigate notice via Certified Mail.
☐ Request EEOC Notice of Right to Sue if dual-filed.
☐ Calendar 1-year THRA SOL deadline.

Before filing court complaint (Part D)

☐ Verify venue under T.C.A. § 20-4-101.
☐ Choose Circuit (jury) vs. Chancery (bench, equitable) Court.
☐ Pay filing fee or move in forma pauperis (T.C.A. § 20-12-127).
☐ Serve summons + complaint under Tenn. R. Civ. P. 4.
☐ Preserve jury demand under Tenn. R. Civ. P. 38 (Circuit only).

Ongoing during litigation

☐ Litigation hold letter on documents and ESI.
☐ Document mitigation: job search log.
☐ Continue mental-health treatment; preserve medical records.
☐ Avoid social media posts about the case.

Sources and References

• Tennessee Civil Rights Enforcement Division (CRED): https://www.tn.gov/attorneygeneral/cred.html
• Tennessee Code Title 4, Chapter 21 (THRA): https://law.justia.com/codes/tennessee/title-4/chapter-21/
• T.C.A. § 4-21-302 (filing complaints): https://law.justia.com/codes/tennessee/title-4/chapter-21/part-3/section-4-21-302/
• T.C.A. § 4-21-311 (private right of action): https://law.justia.com/codes/tennessee/title-4/chapter-21/part-3/section-4-21-311/
• T.C.A. § 8-50-103 (Tennessee Disability Act): https://law.justia.com/codes/tennessee/title-8/chapter-50/section-8-50-103/
• Tennessee Public Acts 2025 (THRC dissolution): https://wapp.capitol.tn.gov/apps/billsearch
• EEOC Memphis District Office: https://www.eeoc.gov/field-office/memphis/location
• EEOC Nashville Area Office: https://www.eeoc.gov/field-office/nashville/location
• Booker v. Boeing Co., 188 S.W.3d 639 (Tenn. 2006)
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Tennessee Rules of Civil Procedure: https://www.tncourts.gov/rules/rules-civil-procedure