Tennessee workers file workplace discrimination charges at second highest rate

Correction: A previous version of this story misidentified the scope of complaints handled by the Tennessee Human Rights Commission. THRC investigates complaints of disability discrimination in the workplace.

Tennessee workers filed workplace discrimination charges at a higher rate than workers in every other state but one in 2022, a Tennessean analysis of Equal Employment Opportunity Commission data shows.

An analysis of data from the previous year done by California employment law firm Eldessouky Law found Tennessee had the highest rate of workplace discrimination charges in 2021.

In 2022, workers in Tennessee filed 6,311 workplace discrimination charges with the EEOC. That amounts to about 89.5 charges per 100,000 people in the state. Only Illinois had a higher rate in 2022, but just barely; workers there filed 89.7 charges for every 100,000 people.

Tennesseans filed 5,471 workplace discrimination charges in 2021.

The most common type of complaint filed with the EEOC in Tennessee for 2022 and 2021 was for retaliation.

Dave Garrison, an employment law attorney in Nashville, said that Tennessee's place near the top of the list can likely be explained in part by the state's worker protections.

In states with more robust worker protections, residents may be more incentivized to file their complaints with their state's employment bureau rather than the EEOC. He said more stringent protections may also set an expectation for businesses on what is acceptable.

"I do think workers in states with less protections face more harassment," Garrison said. "There's less harassment because there's more understanding that, 'Hey, this is not acceptable, and you'll be held accountable in court.'"

A 2023 OxFam report ranked Tennessee as the 12th worst state for worker protections and the sixth worst state to work in overall, based on worker protections, wage policies and workers' rights to organize.

Edmond Sims, acting district director of the EEOC's Memphis Office, said he couldn't confirm the results of the analysis.

"However, the EEOC Memphis District, which include offices in Memphis and Nashville, are committed to the agency’s mission to prevent and remedy unlawful employment discrimination and advance equal employment opportunity for all," Sims said in an emailed statement. "EEOC staff does this through robust outreach and education on employment rights and responsibilities to Tennessee workers and employers, as well as our charge process, which includes mediation, investigation, and conciliation."

Some states don't have a state office similar to the EEOC, but Tennessee does with the Tennessee Human Rights Commission (THRC). Workers in states like Tennessee have 300 days to file their complaints, while workers in states without an office like THRC have 180 days.

While some complaints are handled by THRC rather than EEOC, the extended window may result in more filings overall.

Evan Mealins is the justice reporter for The Tennessean. Contact him at emealins@gannett.com or follow him on X, formerly known as Twitter, @EvanMealins.

This article originally appeared on Nashville Tennessean: Tennessee workers file workplace discrimination charges at high rate