(a) Notwithstanding § 29-20-205, if an employer adopts the model policy created by TACIR pursuant to § 50-1-503(a) or adopts a policy that conforms to the requirements set out in § 50-1-503(b), then the employer is immune from suit for any employee‘s abusive conduct that results in negligent or intentional infliction of mental anguish. Nothing in this section limits the personal liability of an employee for any abusive conduct in the workplace.
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Terms Used In Tennessee Code 50-1-504

  • Abusive conduct: means acts or omissions that would cause a reasonable person, based on the severity, nature, and frequency of the conduct, to believe that an employee was subject to an abusive work environment, such as:
    (A) Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets. See Tennessee Code 50-1-502
  • Employee: means an employee of any county, metropolitan government, municipality, or other political subdivision of this state. See Tennessee Code 50-1-502
  • Employer: means a private employer and a state or local governmental entity. See Tennessee Code 50-1-502
(b) Nothing in this section creates a cause of action against an employer who does not adopt the model policy created by TACIR pursuant to § 50-1-503(a) or adopt a policy conforming to the requirements set out in § 50-1-503(b).
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