Private right of action

Tenn. Code Ann. § 4-21-311, under Violations — Procedures.

Tenn. Code Ann. § 4-21-311

(a) A person injured by an act in violation of this chapter has a private right of action in chancery court or circuit court in a county in which the alleged violation occurred, in a county in which a respondent resides or has the respondent's principal place of business, or another chancery court or circuit court of competent jurisdiction.

(b) In an action under subsection (a), the court may issue a permanent or temporary injunction, temporary restraining order, or another order and may award plaintiff actual damages sustained by the plaintiff, and the legal costs incurred by the plaintiff that include a reasonable fee for the plaintiff's attorneys of record, all of which are in addition to other remedies contained in this chapter.

(c) In cases involving discriminatory housing practices, the court may award punitive damages to the plaintiff, in addition to the other relief specified in this section and this chapter.

(d) A civil action brought pursuant to the private right of action under this section must be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases.

(e) In a private right of action alleging a violation of this chapter, the plaintiff has the burden of establishing a prima facie case of intentional discrimination or retaliation. If the plaintiff satisfies this burden, the burden is then on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the challenged employment action. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination or retaliation raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the actual reason for the challenged employment action and that the stated reason was a pretext for illegal discrimination or retaliation. Such allocations of burdens of proof apply at all stages of the proceedings, including motions for summary judgment. The plaintiff, at all times, retains the burden of persuading the trier of fact that the plaintiff has been the victim of intentional discrimination or retaliation.