Hostile Work Environment Cases

This suit was brought under the Tennessee Human Rights Act by two African-American employees against their employer and their union to recover for alleged discrimination that created a hostile work environment. At issue in this appeal is the grant of summary judgment to the union on the basis that it did not cause or attempt to cause the employer to discriminate. Upon our de novo review, we conclude that the evidence presented at the summary judgment stage negated an essential element of the Plaintiffs' claim and thus summary judgment was warranted. Judgment affirmed.

Arbitration Agreement waiver scope. Trial court properly found that the parties' dispute was not governed by arbitration plaintiff's claims existed independently of the employment relationship and her R.C. Chapter 4112-based claims were not subject to arbitration due to lack of sufficient evidence of assent and/or waiver.