Ogletree Deakins: Tennessee Passes Bill Capping Non-monetary Damages under the THRA, TDA and TPPA | Practical Law

Ogletree Deakins: Tennessee Passes Bill Capping Non-monetary Damages under the THRA, TDA and TPPA | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Tennessee's new employment litigation reform bill HB1954, which goes into effect July 1, 2014. The new law caps the non-monetary damages available for claims brought under the Tennessee Human Rights Act, the Tennessee Disability Act and the Tennessee Public Protection Act to $25,000 to $300,000, depending on the number of employees the employer employs. The new law also eliminates common law claims for retaliatory discharge under the TPPA, requiring plaintiffs to prove the higher causation standard that the alleged whistleblowing was the "sole cause" of termination. It also provides that plaintiffs may not concurrently maintain separate causes of action based on the same operative under the THRA, TDA and TPPA in both state and federal courts. Further, the law eliminates individual supervisor liability under the THRA. The law does not limit damages for back pay or front pay.

Ogletree Deakins: Tennessee Passes Bill Capping Non-monetary Damages under the THRA, TDA and TPPA

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 28 May 2014Tennessee, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Tennessee's new employment litigation reform bill HB1954, which goes into effect July 1, 2014. The new law caps the non-monetary damages available for claims brought under the Tennessee Human Rights Act, the Tennessee Disability Act and the Tennessee Public Protection Act to $25,000 to $300,000, depending on the number of employees the employer employs. The new law also eliminates common law claims for retaliatory discharge under the TPPA, requiring plaintiffs to prove the higher causation standard that the alleged whistleblowing was the "sole cause" of termination. It also provides that plaintiffs may not concurrently maintain separate causes of action based on the same operative under the THRA, TDA and TPPA in both state and federal courts. Further, the law eliminates individual supervisor liability under the THRA. The law does not limit damages for back pay or front pay.