Tennessee Harassment Laws: What You Need to Know

The 411 on Harassment Laws in Tennessee

Within the state of Tennessee, harassment laws are generally governed by state and federal anti-bullying and harassment policies, in addition to a number of laws relating to various types of harassment, including those based on race, religion, national origin, and/or sex, among other things. Harassment can occur in many different forms and is not limited to just physical, emotional, and sexual harassment at the workplace.
Essentially, under T.C.A. § 39-17-308, harassment constitutes intentionally targeting another person with conduct that constitutes a substantial invasion of that person’s privacy.
There are various subsets of the law that identify specific conduct that would constitute harassment in certain situations. Under T.C.A . § 71-6-1205, it would be considered harassment for the alleged perpetrator to willfully, knowingly, maliciously, or intentionally target another with criminal conduct, such as aggravated assault (T.C.A. § 39-13-102), aggravated sexual battery (T.C.A. § 39-13-531), stalking (T.C.A. § 39-17-315), rape (T.C.A. § 39-13-503), and/or criminal sexual penetration (T.C.A. § 39-13-505), among others.
A person can also be guilty of harassment under the Tennessee Code if they create a series of incidents that can result in severe emotional distress that would be considered objectively severe enough for anyone to perceive it as such. Harassment may also implicate federal law under Title IX of the Education Amendments Act of 1972 if harassment creates an ongoing abusive environment in a recognized educational institution to an extent that makes it difficult for the targeted student to even attend school.

Types of Harassment Under Tennessee Law

Tennessee law recognizes several forms of harassment, each with distinct legal implications and avenues for recourse. Broadly, the Tennessee Human Rights Commission (THRC) defines harassment as unwelcome conduct that is so serious and pervasive that it creates a work environment (in employment) or an environment in a place of public accommodation or housing that a reasonable person would find hostile or abusive. Understanding the various types of harassment recognized in Tennessee is crucial for victims seeking to assert their rights and pursue legal remedies.
Workplace harassment, as outlined under the Tennessee Human Rights Act (THRA), occurs when a victim experiences unwelcome conduct within the workplace that is based on certain protected classes such as race, color, national origin, age, sex, religion, or disability. Workplace harassment in Tennessee must be sufficiently severe or pervasive to create a hostile work environment. Even a single act of serious misconduct may be sufficient to establish harassment.
Sexual harassment is a specific type of workplace or "quid pro quo" sexual harassment under the THRA occurs when a person in a position of authority makes unwelcome sexual advances and conditions employment-related benefits, such as promotions or bonuses, upon the granting of sexual favors. Hostile work environment sexual harassment in the workplace occurs when different sex, same sex, or non-binary sex intentional and unwelcome harassment based on sex, gender identity, sexual orientation, or intersex condition takes place in the workplace, even if not accompanied by a quid pro quo threat.
Cyberharassment is recognized under the Tennessee Cyber Crime Statute. T.C.A. § 39-14-602 prohibits unwanted communication or the disclosure of confidential information (such as the location of a residence) by electronic means with the intent to intimidate, harass, or frighten another person.
Education harassment encompasses any unwelcome conduct within an educational institution, such as verbal, nonverbal, physical, or electronic bullying, or stalking. Harassment at schools can lead to emotional and psychological problems for victims. As such, anti-bullying laws in Tennessee relate to harassment and are intended to prevent workplace bullying of teachers, administrators, volunteers, students, and parents at public and private primary and secondary schools in Tennessee.
The Tennessee Protection from Stalking and Aggravated Stalking Act, codified at T.C.A. § 39-17-315 through § 39-17-318, defines a stalker as anyone who willfully and maliciously repeatedly follows or harasses another person. This conduct must cause the victim to feel terrorized, frightened, or suffer severe emotional distress. Unlike some other states, Tennessee does not have a no-contact or stalking statute.
Civil stalking cases are governed by both the Stalking and Aggravated Stalking statutes and the Tennessee Civil Courts. Civil courts in Tennessee have jurisdiction over all civil protection orders for not only those stalked, but for victims of sexual assault and abuse, and domestic violence.
Many forms of harassment require victims to meet specific legal requirements before they can pursue a civil action or file an administrative complaint with the THRC. Following investigation, the determination may result in the filing of charges against employers or other actors in discrimination lawsuits and EEOC complaints. In many cases, a thorough investigation in Tennessee is the first step in resolving matters of alleged sexual harassment, hostile work environment, and race and sex discrimination in the workplace.

Potential Consequences of Harassment Under Tennessee Law

A conviction under the Tennessee harassment law is classified as a Class A misdemeanor, which carries a maximum jail sentence of 11 months and 29 days in addition to a potential fine of $2,500. The term can be increased if there are aggravating factors involved. Class B misdemeanors, such as for unwanted sexual advances, can still result in a fine of up to $500.
If convicted of harassment, a person may also have to pay restitution for damages as well as damages to any property that was maliciously vandalized. Moreover, if harassment, stalking, or other violations takes place on a college campus, additional repercussions can result such as suspension from classes. Criminal records often lead to problems with employers, housing and credit agencies, stressful situations with family and friends, and personal embarrassment.

How to Report Harassment in Tennessee

Victims of harassment may file a complaint with the Tennessee Human Rights Commission. Complaints may be filed in writing, in person, via email, or by phone. The complaint may be presented in the language of choice of the complainant.
Complainants should not wait longer than six months before filing the complaint. The state has the ability to accept complaints that are aged longer than six months, but the allegations may not rise to the level of harassment or may become stale and lose credibility. For example, if there is a pattern of harassment including a retaliation claim , an employer could stop making "it’s spouse or boyfriend or girlfriend" comments to a female employee (sexual harassment) and when the male employee is told to stop making derogatory remarks about women, it is not perceived as retaliation for the earlier sex or gender harassment.
Once the complaint is received, it will be assigned to an investigator. The investigator will contact the complainant and the named respondent. The investigator will ask questions to determine if there is enough information to open an investigation. A formal investigation is where the harassment is fleshed out and the stories are heard. The facts will then determine if there was harassment.

Responsibilities of Employers Regarding Harassment in Tennessee

Employers: you not only have a legal obligation to provide a harassment-free workplace for your employees; rather, you must demonstrate that you did so.
Tennessee’s harassment laws do not just require employers to implement an anti-harassment policy or have a process in place to address internal complaints. Rather, the law also requires employers to actively engage in a harassment-free workplace. In some cases, that means taking affirmative steps.
And, if an employer has not "exercised reasonable care to prevent a sexually hostile environment from arising," that employer could be held liable for a harassment claim made against it by one of its employees. Therefore, even if there is not a specific incident of harassment in the workplace, an employer who has not taken steps to prevent that behavior – or fails to "exceedingly publicize" its anti-harassment policy, will risk liability to its employees under the Tennessee Human Rights Act (THRA).
The THRA requires employers who employ eight or more employees to "make reasonable and good faith efforts to prevent and eliminate discriminatory practices." It specifically requires employers detailed training for employees about "the existence of, and the steps necessary to eradicate, sexual and other unlawful harassment." Employers who fail to meet this standard, both in its training efforts and its broader efforts to create a harassment-free workplace, risk liability for any claims of harassment made by its employees.

Resources and Assistance for Victims

Legal Resources and Support for Victims of Harassment
If you or a loved one have faced harassment, there are legal resources and support services available to help you transition toward healing. A wide range of advocacy groups motivates legislative change and provides legal protections to victims of harassment. The following is a list of harassment advocacy groups and legal aid resources available if you or someone you know has faced harassment:
National Sexual Violence Resource Center
This is the national organization focused on addressing the problem of sexual harassment through education and legal advocacy. You can find extensive information on a wide variety of sexual harassment issues.
National Women’s Law Center
The NWLC works to improve the lives of women and their families by advocating for gender equality through the legislative process, enacting legal protections against discrimination and sexism , and providing education and resources to empower women to have a positive impact on their communities. Their website provides a wide range of educational and advocacy resources.
Women and Gender Resource Center
The WCRC at Tennessee State University meets the advocacy and training needs of the campus and Nashville community while serving the needs of students. They connect individuals with legal services, counseling and advice, and other essential resources.
Tennessee Coalition against Domestic and Sexual Violence (TNCADSV)
If the specific harassment you experienced involved domestic violence or sexual assault, the TNCADSV is an invaluable resource in Nashville. They have a wide range of advocacy options, and their goal is to monitor the impacts of domestic abuse throughout the state and provide help to those affected. Their website includes a wealth of information, and they can connect you with legal aid services and a local domestic abuse shelter.