Vicarious liability to employer for actionable hostile work environment

Under antidiscrimination provisions of Title VII, employer is subject to vicarious liability to victimized employee for an actionable hostile environment created by a supervisor with immediate or successively higher authority over employee; when no tangible employment action is taken, employer may raise an affirmative defense to liability or damages, subject to proof by preponderance of evidence and comprising two necessary elements: (a) that employer exercised reasonable care to prevent and … [Read more...]

Employee’s failure to use a complaint procedure

Demonstration that an employee failed to use a complaint procedure provided by the employer in response to sexual harassment by a supervisor will normally suffice to satisfy the employer's burden of demonstrating lack of reasonable care by employee to avoid harm, as element of affirmative defense to a vicarious liability claim under Title VII. Civil Rights Act of 1964, § 703(a)(1), 42 U.S.C.A. § 2000e-2(a)(1). … [Read more...]

No affirmative defense available to an employer……

Under Title VII, no affirmative defense is available to an employer on an employee's claim of vicarious liability for an actionable hostile environment created by a supervisor when the supervisor's harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment. Civil Rights Act of 1964, § 703(a)(1),42 U.S.C.A. § 2000e-2(a)(1). … [Read more...]

Have you been injured by a defective airbag spraying metal shrapnel?


Takata ('TK Holdings') recently announced a massive recall of defective airbags on almost five million additional vehicles in use in the United States, bringing the total number of affected vehicles to nearly 14 million." Responding to these recalls, whether old or new, is essential to personal safety and it will help aid our ongoing investigation into Takata airbags and what appears to be a problem related to extended exposure to consistently high humidity and temperatures. However, we’re … [Read more...]

Gammons campaign disclosures

Macon ouster Gammons campaign disclosures … [Read more...]

Coming soon.

Please watch here for our education blog. … [Read more...]

Sheriff Gammons Ouster File Stamped Lawsuit Complaint


Macon County Ouster Filed Stamped Complaint … [Read more...]

Sheriff Mark Gammons three unedited recordings


        … [Read more...]

Six Years or Less Age Gap to Support Age Discrimination Claim


It is a common and curious question as to what age gap is necessary to justify an age discrimination claim.  The Sixth Circuit Court of Appeals in the matter of Blizzard v. Marion Technical College (No. 3:09-cv-1643 Northern District Ohio) narrowed the age gap as to what is or is not a "significant" difference.  The Court held that the magic number of six years or less would not constitute a "significant" gap in age to make out a prima facie claim of age discrimination. This case involves a … [Read more...]

Cancer Patient Can Be Fired by Wal-Mart for Medical Marijuana Use.


There was dominant debate in the Tennessee legislature this year for passing a medical marijuana bill allowing patients with a prescription to benefit from its medicinal properties.  The issue that was not part of the debate was its impact on private employers and whether they must adopt a similarly progressive policy or regulate private employment in any way.  A recent case out of the Michigan district which is part of the Sixth Circuit as Tennessee is may have application to a potential … [Read more...]

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We handle personal injury, bankruptcy, divorce, immigration, workers compensation, and social security claims from all across Middle Tennessee, including Music City, Murfreesboro, Franklin, Brentwood, Clarksville, Columbia, Spring Hill, Manchester, McMinnville, Hendersonville, Gallatin, Springfield, Dickson, Fairview, Lebanon, Mount Juliet, Columbia, Shelbyville, Cookeville, Lavergne and Antioch, as well as the counties of Davidson, Williamson, Rutherford, Montgomery, Robertson, Maury, Wilson, Sumner, Cheatham, Dickson, Hickman, Giles, Smith, Trousdale, and Macon.