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THRC v. EEOC

MelynnMelynn 8 Posts
in HR & Employment Law Vote Up0Vote Down
What is the difference in filing a discrimination complaint with the Tennessee Human Rights Commision and the Equal Employment Opportunity Commision?


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  • John Phillips TNJohn Phillips TN 34 Posts
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    There's really very little difference as far as what is filed is concerned. In
    fact, if a discrimination charge is filed with either agency, the agency will
    usually forward the charge on to the other so that it is pending with both
    agencies. In either case, you will get a notice from the EEOC or THRC telling
    you that a charge has been filed and asking that you respond to the charge and
    provide certain requested information. The real difference has to do with what
    can happen after a charge is filed. If the employee wants to pursue the charge
    by filing a lawsuit in federal court, the EEOC must first issue a right to sue
    letter. The employee will then have 90 days within which to file suit in
    federal court. On the other hand, it is possible for an employee to file suit
    in state court under the Tennessee Human Rights Act without any kind of letter
    or notice from the THRC. In fact, it is not even necessary for an employee to
    first file a charge with the THRC before filing suit in state court. If you
    have other questions or if the above is not clear, please let me know. Happy
    new year.

    John Phillips
    Miller & Martin
    Tennessee Employment Law Letter
    423/785-8325

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