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Posted by: Chandra Williams on Aug 21, 2015

Court: TN Supreme Court

Attorneys 1:

David L. Cooper, Nashville, Tennessee, for the appellant, Kighwaunda M. Yardley.

Attorneys 2:

Fred C. Statum III and Thomas W. Whitworth, Nashville, Tennessee, for the appellee, Hospital Housekeeping Systems, LLC. Wade B. Cowan and Douglas B. Janney III, Nashville, Tennessee; Justin S. Gilbert, Jackson, Tennessee; Jennifer B. Morton, Knoxville, Tennessee; and Bryce W. Ashby and William B. Ryan, Memphis, Tennessee, for the amicus curiae, Tennessee Employment Lawyers Association.

Dale Conder Jr., Jackson, Tennessee, for the amicus curiae, Tennessee Defense Lawyers Association.

Judge(s): LEE

We accepted a question of law certified by the United States District Court for the Middle District of Tennessee to determine whether a job applicant has a cause of action under the Tennessee Workers’ Compensation Act against a prospective employer for failure to hire if the prospective employer failed to hire the job applicant because that applicant had filed, or is likely to file, a workers’ compensation claim against a previous employer, and if such a cause of action exists, what standard should apply. We hold that there is no cause of action for failure to hire under the Tennessee Workers’ Compensation Act.