Tennessee § 50-1-502 - Part definitions.

§ 50-1-502. Part definitions.

As used in this part: “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: Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets; Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or The sabotage or undermining of an employee's work performance in the workplace; “Agency” means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government; “Employee” means an employee of any county, metropolitan government, municipality, or other political subdivision of this state; “Employer” means a private employer and a state or local governmental entity; “Harassment” means two (2) or more instances of contact serving no legitimate purpose directed at an employee, in connection with that person's status as an employee, that a reasonable person would consider alarming, threatening, intimidating, abusive, or emotionally distressing and that does or reasonably could interfere with the performance of the employee's duties; and “Instance of contact” means a direct communication or physical touching. Acts 2014, ch. 997, § 1; 2019, ch. 214, § 1; 2019, ch. 331, § 1. Compiler's Notes. Former part 5, §§ 50-1-501 — 50-1-505 , concerning maternity leave, was transferred to § 4-21-408 in 1988. Amendments. The 2019 amendment by ch. 214 rewrote the definition of “employer” which read: “‘Employer’ means any agency, county, metropolitan government, municipality, or other political subdivision of this state.” The 2019 amendment by ch. 331 added the definitions of “employee”, “harassment” and “instance of contact”. Effective Dates. Acts 2014, ch. 997, § 2. May 22, 2014. Acts 2019, ch. 214, § 3. April 23, 2019. Acts 2019, ch. 331, § 3. May 10, 2019. Attorney General Opinions. The Healthy Workplace Act extends to quasi-governmental entities. “Employer” is defined in the Act as any agency, county, metropolitan government, municipality, or other political subdivision of the state. The definition of “agency” in the Act includes all boards, offices, and other agencies of the executive, legislative, or judicial branches of government. OAG 15-01, 2015 Tenn. AG LEXIS 1 (1/6/15). The Healthy Workplace Act of 2014 does not create a new cause of action against state or local employers or against state or local employees for abusive conduct in the workplace. It appears that when a state or local government complies with the policy-adoption requirement of T.C.A. § 50-1-503(b) , that entity would, under certain circumstances, acquire a specific supplement to the immunity already applicable under the Governmental Tort Liability Act (GTLA) and the Tennessee Claims Commission Act. OAG 15-01, 2015 Tenn. AG LEXIS 1 (1/6/15). Each “employer” may adopt a policy conforming to T.C.A. § 50-1-503(b) . When the employer is a local governmental entity, such as a county or a municipality, the question of who has authority within that local governmental entity to adopt such a policy is a matter of local law and will depend in each case on the particular charter of the local government, its ordinances, rules, and regulations. OAG 15-01, 2015 Tenn. AG LEXIS 1 (1/6/15).