Tennessee Human Rights Charge of Discrimination

CHARGE OF DISCRIMINATION — TENNESSEE

FILED WITH:

☐ Tennessee Attorney General — Civil Rights Enforcement Division (CRED) (state THRA / TDA charge)

☐ U.S. Equal Employment Opportunity Commission — Memphis District Office (federal charge)

☐ Dual-filed (state and federal)

1. CHARGING PARTY INFORMATION

2. RESPONDENT (EMPLOYER) INFORMATION

3. BASIS OF DISCRIMINATION (Check all that apply)

☐ Race (THRA § 4-21-401; Title VII; § 1981) — specify: [___________________]

☐ Color (THRA; Title VII)

☐ Religion / Creed (THRA; Title VII) — specify: [___________________]

☐ Sex / Gender (THRA; Title VII)

☐ Pregnancy (Title VII as amended by the PDA; PWFA)

☐ Sexual Orientation (Title VII per Bostock; NOT covered by THRA)

☐ Gender Identity (Title VII per Bostock; NOT covered by THRA)

☐ National Origin (THRA; Title VII) — specify: [___________________]

☐ Age (40+) (THRA § 4-21-401; ADEA)

☐ Disability (TDA, T.C.A. § 8-50-103; ADA)

☐ Genetic Information (GINA, 42 U.S.C. § 2000ff)

☐ Retaliation (THRA § 4-21-301; Title VII; ADA; ADEA) — for: [___________________]

4. ADVERSE EMPLOYMENT ACTION (Check all that apply)

☐ Failure to hire

☐ Termination / Discharge

☐ Constructive discharge

☐ Demotion

☐ Failure to promote

☐ Failure to accommodate disability or religion

☐ Reduction in pay, hours, or benefits

☐ Discipline (write-up, suspension, PIP)

☐ Harassment / Hostile work environment

☐ Unequal terms and conditions of employment

☐ Retaliation

☐ Other: [______________________________________________]

5. DATES OF DISCRIMINATION

6. STATEMENT OF FACTS

I. Background and protected status.

I, [CHARGING PARTY NAME], was employed by Respondent [EMPLOYER NAME] as a [JOB TITLE] from [HIRE DATE] to [END DATE OR PRESENT] at Respondent's [LOCATION] facility in [CITY], Tennessee. I am [describe protected status — e.g., a Black woman / age 52 / a person with a documented disability of ____ / a member of ____ religion], and Respondent was at all times aware of my protected status.

II. Job performance.

Throughout my employment, I performed the duties of my position satisfactorily, as evidenced by [performance reviews / commendations / promotions / pay increases / lack of prior discipline].

III. Discriminatory and harassing conduct.

The following acts of discrimination, harassment, and/or retaliation occurred:

a. On [DATE], [NAME, TITLE] [describe conduct — e.g., made the following statement: "________"].

b. On [DATE], [NAME, TITLE] [describe disparate-treatment conduct — denial of opportunity, schedule, pay, etc.], while similarly situated employees outside my protected class — including [NAMES, IF KNOWN] — were treated more favorably.

c. On [DATE], I requested [reasonable accommodation / religious accommodation]: [describe]. Respondent [denied / ignored / refused to engage in the interactive process].

d. On [DATE], I complained to [HR / supervisor / hotline] in [written / verbal / email] form regarding the foregoing conduct, thereby engaging in protected activity.

e. On [DATE], within [NUMBER] days of my protected complaint, Respondent [disciplined / demoted / terminated / cut hours of / reassigned] me, citing the pretextual reason of [stated reason].

IV. Comparators.

Similarly situated employees outside my protected class engaged in the same or comparable conduct without comparable adverse consequences. Specifically: [describe comparators by name, position, conduct, and outcome].

V. Pretext.

Respondent's stated reason for the adverse action — [stated reason] — is false and pretextual because:

• [Specific fact undermining stated reason — e.g., the policy was not enforced against non-protected employees];
• [Specific fact — e.g., the stated reason post-dated my complaint];
• [Specific fact — e.g., shifting/inconsistent explanations].

VI. Harm.

As a result of Respondent's discriminatory conduct, I have suffered lost wages, lost benefits, lost career opportunity, emotional distress, embarrassment, humiliation, anxiety, and damage to my professional reputation.

VII. Statutes violated.

I believe Respondent has violated:

☐ Tennessee Human Rights Act, T.C.A. § 4-21-401 (and § 4-21-301 retaliation);

☐ Tennessee Disability Act, T.C.A. § 8-50-103;

☐ Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.;

☐ Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.;

☐ Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.;

☐ 42 U.S.C. § 1981 (race / ancestry / contract rights);

☐ Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff;

☐ Other: [___________________].

7. WITNESSES

8. SUPPORTING DOCUMENTS (Attached)

☐ Offer letter / employment contract

☐ Job description

☐ Performance reviews

☐ Disciplinary records / write-ups

☐ Termination letter / separation notice

☐ Pay stubs / payroll records

☐ Emails / text messages / written communications

☐ Personnel handbook / anti-discrimination policy

☐ EEO-1 reports (if available)

☐ Medical documentation (disability / accommodation requests)

☐ Witness statements

☐ Photographs / video / recordings

☐ Other: [___________________]

9. RELIEF REQUESTED

I request that the Tennessee Attorney General's Civil Rights Enforcement Division and/or the U.S. Equal Employment Opportunity Commission investigate this charge and take appropriate action, including:

☐ Investigation and finding of reasonable cause;

☐ Conciliation requiring Respondent to cease and desist from the discriminatory practices;

☐ Reinstatement (if separated) or, in the alternative, front pay;

☐ Back pay, lost benefits, and lost retirement contributions;

☐ Compensatory damages for emotional distress and humiliation;

☐ Punitive damages (federal counts only — see practice note re: Carver v. Citizens Utilities Co.);

☐ Attorney's fees and costs;

☐ Posting of anti-discrimination notice and required EEO training;

☐ Issuance of a Notice of Right to Sue upon completion or 180 days of pendency;

☐ Other: [___________________].

10. RESERVATION OF RIGHTS

I do not waive any right to file a civil action in state or federal court. By filing this charge I do not elect administrative remedy as my exclusive remedy. I reserve all rights to amend this charge as new facts emerge and to pursue any and all judicial remedies upon receipt of a Notice of Right to Sue or upon the expiration of the applicable administrative pendency period.

11. VERIFICATION AND SIGNATURE

I declare under penalty of perjury under the laws of the State of Tennessee and of the United States that the foregoing is true and correct to the best of my knowledge, information, and belief.

I have read the foregoing Charge of Discrimination, including the Statement of Facts, and I affirm that the contents are true and accurate.

Date: [__/__/____]

[________________________________]

[CHARGING PARTY NAME — printed]

[________________________________]

Signature of Charging Party

NOTARIZATION

STATE OF TENNESSEE

COUNTY OF [COUNTY]

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

[________________________________]

Notary Public

(My Commission Expires: [_______________])

12. FILING ADDRESSES AND CONTACTS

State Filing — Tennessee Attorney General, Civil Rights Enforcement Division (CRED)

(Successor agency to the Tennessee Human Rights Commission, which was dissolved effective June 30, 2025, by 2025 Tenn. Pub. Acts ch. 437.)

Historical (pre-July 1, 2025) — Tennessee Human Rights Commission

Federal Filing — U.S. Equal Employment Opportunity Commission (Memphis District Office)

13. TENNESSEE PRACTICE NOTES

• 180-day state deadline (T.C.A. § 4-21-302). A THRA administrative complaint must be filed within 180 days of the most recent discriminatory act. This is jurisdictional under Tennessee practice.
• 300-day EEOC deadline. Tennessee remains a "deferral" state for federal-charge purposes under the EEOC / FEPA work-share even after the THRC's dissolution; charges filed within 300 days are timely under 42 U.S.C. § 2000e-5(e)(1). Confirm current work-share status with the EEOC Memphis District Office before relying on the 300-day window for any filing made after July 1, 2025.
• One-year THRA civil action. Independent of the administrative charge, a private THRA civil action must be filed within ONE (1) YEAR of the cessation of the discriminatory practice, T.C.A. § 4-21-311(d).
• No punitive damages under the THRA in employment cases. Carver v. Citizens Utilities Co., 954 S.W.2d 34 (Tenn. 1997). Punitive recovery is available only on parallel federal counts (Title VII and ADA, capped under 42 U.S.C. § 1981a(b)(3); § 1981, uncapped). ADEA permits liquidated (double back pay) damages for willful violations.
• THRA does NOT cover sexual orientation or gender identity. Sexual-orientation and gender-identity claims must be brought under Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020).
• Election of remedies caution. Tennessee historically applied an election doctrine where a final agency determination on the merits could bar subsequent civil action. To preserve civil-action rights, consider requesting the right-to-sue notice from the EEOC after 180 days under 29 C.F.R. § 1601.28.
• Dual-filing. Filing with EEOC automatically results in dual-filing with the state under the FEPA work-share. Confirm the state designation on the EEOC charge form.
• Confidentiality and retaliation. It is unlawful under T.C.A. § 4-21-301(1) and 42 U.S.C. § 2000e-3(a) for an employer to retaliate against a charging party. Document any post-filing adverse actions and consider an amended charge.
• Attorney representation. While charging parties may file pro se, representation by a Tennessee-licensed employment attorney is strongly recommended.

14. SOURCES AND REFERENCES

• T.C.A. § 4-21-302 (Charge filing procedure; 180-day deadline) — https://www.capitol.tn.gov/
• T.C.A. § 4-21-303 (Investigation and reasonable-cause determination)
• T.C.A. § 4-21-311 (Private right of action; one-year limitation; attorney's fees)
• T.C.A. § 4-21-401 (Discriminatory employer practices)
• 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)
• 42 U.S.C. § 2000e-5 (EEOC charge procedure; 300-day deferral deadline)
• 29 C.F.R. § 1601.13 (EEOC / FEPA work-share)
• 29 C.F.R. § 1601.28 (Right-to-sue notice; 180-day rule)
• 2025 Tenn. Pub. Acts ch. 437 (HB 910 / SB 860) — Dissolution of THRC; transfer of functions to AG's CRED
• Tennessee Attorney General — Civil Rights Enforcement Division — https://www.tn.gov/attorneygeneral/
• U.S. EEOC Memphis District Office — https://www.eeoc.gov/field-office/memphis/location
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII covers SO/GI)
• National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing deadlines under the THRA and Title VII are jurisdictional. Confirm current procedures with the Tennessee Attorney General's Civil Rights Enforcement Division and the EEOC Memphis District Office before submission. Have the completed charge reviewed by a Tennessee-licensed employment attorney whenever feasible.