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Workers Compensation Discrimination

December 12, 2014

Workers Compensation Discrimination

Case: Kighwauda M. Yardley v. Hospital Housekeeping Systems, LLC., 3:13-cv-00622, U.S. District Court of the Middle District of Tennessee.


(1) If a prospective employer refuses to hire a job applicant because that applicant had filed, or is likely to file, a workers’ compensation claim incurred while working for a previous employer, can that applicant maintain a cause of action under the [Tennessee Workers’ Compensation Law] against the prospective employer for failure to hire?

(2) If so, should courts apply the motivating factor standard of causation, as they do with retaliatory discharge claims?

Facts:  This case considers the above certified questions from federal district court.

Review Granted:  November 19, 2014.

Prediction: Ben thinks the court will answer “yes” to both questions to preserve the essential purpose of the statute to protect workers.