Rules & Regulations of the State of Tennessee
Title 0800 - Labor and Workforce Development
Subtitle 0800-01 - Occupational Safety and Health
Chapter 0800-01-08 - Discrimination Against Employees Exercising Rights Under the Occupational Safety and Health Act of 1972
Section 0800-01-08-.11 - TERMS OF SETTLEMENTS

Current through September 24, 2024

(1) The Commissioner of Labor and Workforce Development shall endeavor to have the following terms included in any and all voluntary settlement agreements made pursuant to Rule 0800-1-8-.09 and any and all orders issued by an appropriate chancery court or court of appeals adjudicating action filed by the Commissioner with regard to complaints submitted pursuant to T.C.A. § 50-3-409;

(a) Rehiring or reinstatement of the complainant with full seniority benefits, if so desired by said complainant.

(b) Payment of wages lost to the complainant as a result of the discriminatory action. The amount of said wages shall be equitable to both the complainant and respondent and shall only be in the amount actually lost by the complainant.

(c) Removal from the complainant's personnel records of all information with regard to the discriminatory action whether or not rehiring or reinstatement is desired by the complainant.

(d) Publication of a notice to all employees by the employer that he will refrain from all future discriminatory action against an employee because such employee exercised his rights under the Act.

Authority: T.C.A. § 50-3-409.

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