Filing a Race Discrimination Claim in Tennessee

Published January 23, 2025 by Employment and Commerce Law Group

Workplace race discrimination includes unfair treatment, harassment, or the denial of employment opportunities to someone based on their race, skin color, ancestry, or relationships with someone of another race.

It is illegal under federal and Tennessee law. It also causes tremendous harm to victims.

If you believe your employer violated your rights, you may be able to take legal action against them. Here’s what you need to know about filing a race discrimination claim in Tennessee.

Recognize the Signs of Race Discrimination

The first step in fighting racial discrimination is recognizing the signs. Signs of workplace race discrimination include:

Hiring, firing, or promoting an employee based on race
Denying work assignments to an employee based on race
Excluding an employee from meetings or work activities
The use of racial slurs
Racial “jokes”
Insulting or offensive remarks or behaviors targeting an employee’s race
Physical or verbal abuse or intimidation
Unfair or unequal treatment
Racial stereotyping
Segregating employees based on race

Gather Evidence

If you believe you are the victim of racial discrimination, begin gathering evidence. Start keeping a journal detailing discriminatory incidents and the time, date, and location where they took place. Save emails, texts, recorded meetings, or phone calls where discrimination occurred. Note the names of witnesses who observed discriminatory behaviors.

Report the Discrimination to Your Employer

You should report racial discrimination to your employer immediately. Discuss the issue with your manager and file an official complaint with the company’s Human Resources (HR) department. Document these conversations and ask for a copy of the complaint.

File a Claim with the EEOC or Tennessee Human Rights Commission (THRC)

If your employer does not effectively end racial discrimination in your workplace, you can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or the Tennessee Human Rights Commission (THRC). A race discrimination attorney can assist you with this process.
Important things to remember:

You have 180 days from the date of the discriminatory act against to file a claim with the THRC. Claims filed through EEOC must be filed within 300 days of the violation.
The Tennessee Human Rights Act covers employees with at least eight employees. You can only file a race discrimination claim with the EEOC if your employer has 15 or more employees.

Once you file a claim, the EEOC or THRC may dismiss your claim, ask you to participate in mediation with the employer, or investigate your claim further. If either agency believes you have a valid claim, they will send a “right to sue” letter.

Mediation and Investigation

A race discrimination attorney can investigate your case and collect evidence to support your claim. Your lawyer can use this evidence to build a robust argument to mediate a settlement or negotiate for fair compensation.

Pursue a Lawsuit if Necessary

If you cannot settle your claim outside of court, you can pursue a race discrimination lawsuit in Tennessee. If you have not hired an attorney yet, we strongly recommend you consult one at this stage.

Possible Outcomes of a Race Discrimination Claim

If your race discrimination claim is successful, you can secure a settlement or legal judgment compensating you for your losses. Compensation may include back pay, front pay, lost employment benefits, punitive damages, and reinstatement of your employment.

Get Legal Help from a Nashville Race Discrimination Attorney

If you experienced racial discrimination in your workplace, the Employment and Commerce Law Group can help you seek justice. Call now or contact us online for a free consultation.

Frequently Asked Questions About Race Discrimination Claims in Tennessee

If you believe you’ve experienced racial discrimination at work, you probably have questions about your rights and what comes next. The answers below address the most common questions Tennessee workers ask about race discrimination claims.

How do I know if what I experienced qualifies as race discrimination?

Race discrimination happens when a worker or job applicant is treated unfairly because of their race, skin color, ancestry, or association with someone of another race. It can include actions such as unfair treatment in hiring, firing, promotions, pay, or job duties. It also includes racial harassment and or actions severe and pervasive enough to constitute a hostile work environment. An attorney can review the facts of your situation and tell you whether you have a valid race discrimination claim.

How long do I have to file a race discrimination claim in Tennessee?

You typically have 300 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC), or 180 days if you file with the Civil Rights Enforcement Division of the Tennessee Attorney General’s Office (CRED). Missing the filing deadline can prevent you from pursuing your claim entirely.

Do I have to report race discrimination to my employer before filing a claim?

Yes. If you feel safe doing so, you should report the discrimination to your employer first and document everything related to your report. This step gives your employer a chance to address the problem and creates a paper trail that can strengthen your claim if you later file with the EEOC or CRED.

Where do I file a race discrimination complaint in Tennessee?

You can file with the EEOC or CRED. A race discrimination attorney can help you determine which agency is the right fit for your claim.

Can I file a race discrimination claim while I’m still employed?

Yes. You don’t have to quit or lose your job to file a complaint. Many workers file while still employed, particularly in cases involving ongoing harassment or unfair treatment. If your employer retaliates against you for filing, that conduct could provide grounds for an additional legal claim.

What evidence is important in a Tennessee race discrimination case?

Key evidence can include:

A journal of discriminatory incidents with dates, times, and locations
Emails, texts, and recorded meetings that document the conduct
Statements from witnesses who observed the discriminatory behavior

The more thoroughly you document what happened, the stronger your position will be when you file.

What happens after I file a race discrimination claim?

After you file, the EEOC or CRED will notify your employer and review your charges. The agency may dismiss the claim, refer you to mediation, or open a full investigation. It may also issue a right-to-sue letter, which allows you to pursue a lawsuit in court, generally within 90 days.

What compensation can I recover in a race discrimination claim?

A successful claim can allow you to recover compensation for back pay, front pay, lost employment benefits, and emotional distress. Courts may also award punitive damages in certain cases and order reinstatement of your employment. The specific remedies available depend on the facts of your case.

Should I talk to a Nashville race discrimination lawyer before filing?

Yes, and it’s worth doing sooner rather than later. A lawyer can assess your evidence, identify which agency to file with, and help you meet the right deadlines. Dependable legal guidance can make a meaningful difference in how your case progresses.

Author: Employment and Commerce Law Group

The Employment and Commerce Law Group is a Nashville-based law firm focused exclusively on employment law. The firm is dedicated to helping employees understand and enforce their rights in the workplace, bringing extensive experience and focused expertise to every case involving workplace disputes and unfair employment practices.