Discrimination Cases

This is an appeal from the trial court's grant of summary judgment dismissing a plaintiff-employee's THRA and TPPA claims against his employer. As to the employee's THRA claim, the trial court found that the evidence of harassment and discriminatory conduct was not so severe or pervasive so as to establish a hostile work environment. As to the employee's TPPA claim, the trial court found that the employer had a valid, non-discriminatory reason for termination. Additionally, the trial court found that the employee failed to establish that one of the entities was his employer for purpose of liability under either the THRA or the TPPA. Finding that the employee presented sufficient evidence to raise a genuine issue of disputed material fact with regard to his THRA and TPPA claims, we vacate the trial court's order as to these claims and remand the case to the trial court.

This is an appeal from the trial court's grant of summary judgment dismissing a plaintiff-employee's THRA and TPPA claims against his employer. As to the employee's THRA claim, the trial court found that the evidence of harassment and discriminatory conduct was not so severe or pervasive so as to establish a hostile work environment. As to the employee's TPPA claim, the trial court found that the employer had a valid, non-discriminatory reason for termination. Additionally, the trial court found that the employee failed to establish that one of the entities was his employer for purpose of liability under either the THRA or the TPPA. Finding that the employee presented sufficient evidence to raise a genuine issue of disputed material fact with regard to his THRA and TPPA claims, we vacate the trial court's order as to these claims and remand the case to the trial court.

The plaintiff appeals the summary judgment dismissal of his claims against the defendant bank for discrimination and breach of fiduciary duty. We affirm the trial court.

This is an appeal from the trial court's grant of summary judgment dismissing a plaintiff-employee's THRA and TPPA claims against two separate corporate entities—both of which the employee claimed were his employer. As to the employee's THRA claim, the trial court found that the evidence of harassment and discriminatory conduct was not so severe or pervasive so as to establish a hostile work environment. As to the employee's TPPA claim, the trial court found that the employer had a valid, non-discriminatory reason for termination. Additionally, the trial court found that the employee failed to establish that one of the entities was his employer for purpose of liability under either the THRA or the TPPA. Finding that the employee presented sufficient evidence to raise a genuine issue of disputed material fact as to both his THRA and TPPA claims against both entities, we vacate the trial court's order and remand the case to the trial court.

Lequita Nix Hilliard ("Plaintiff") sued Dolgencorp, LLC ("Defendant") alleging discrimination in violation of Tenn. Code Ann. § 8-50-103, of the Tennessee Disability Act, and Tenn. Code Ann. § 4-21-311, of the Tennessee Human Rights Act and retaliatory discharge for filing a worker's compensation claim. The Chancery Court for Polk County ("the Trial Court") granted summary judgment to Defendant. Plaintiff appeals. We find and hold that there is no genuine disputed issue of material fact with regard to the fact that due to her medical restrictions Plaintiff is unable to perform the essential job functions of a store manager. Given this, Defendant was entitled to summary judgment on both of Plaintiff's claims. We, therefore, affirm.

Motion to compel arbitration contract contractual capacity ratification R.C. 2711.02. The trial court did not err in granting appellees' motion to stay proceedings and compel arbitration. The record reflects that a valid and enforceable arbitration agreement existed because it had been ratified by appellant's guardian.

Summary judgment opportunity to arbitrate grievance collective bargaining agreement agreement to arbitrate statutory age discrimination claim statute of limitations R.C. 4112.02 180 days grievance procedure tolling R.C. 4112.14 alternative pleading Civ.R. 56(F) motion. Trial court properly granted summary judgment to defendant-employer where plaintiff-employee's age discrimination claim under R.C. 4112.02 was barred by the 180-day statute of limitations the allegation in plaintiff's complaint that he was a member of a protected class under R.C. 4112.14 did not alternatively plead a cause of action under R.C. 4112.14 plaintiff's use of the grievance procedure set forth in the collective bargaining agreement did not toll the statute of limitations.

Trial court did not err in providing jury instruction requested by appellees, nor did court err in ruling on appellant's request to pursue a claim for retaliation in age discrimination action.