Senate Bill 2392, also known as the "Anti-Retaliation for Reporting Unsafe Work Act," amends Tennessee Code Annotated, Section 50-1-304, to enhance protections for employees against employer retaliation. The bill prohibits employers from discharging, demoting, or threatening employees primarily for reporting unsafe working conditions, wage theft, or other labor violations. It also clarifies that while employers are restricted from retaliating against employees for such reports, they are still allowed to comply with federal immigration laws. The bill establishes a cause of action for employees who experience retaliatory actions, allowing them to seek reinstatement, back-pay, punitive damages, and reasonable attorney fees if they prevail in court.

Additionally, the bill modifies the burden of proof in civil cases related to retaliatory discharge or conduct. It requires the plaintiff to establish a prima facie case of retaliation, after which the burden shifts to the employer to provide legitimate, nondiscriminatory reasons for their actions. If the employer meets this burden, the plaintiff must then demonstrate that the employer's stated reasons were merely a pretext for unlawful retaliation. The act is set to take effect on July 1, 2026, and will apply to causes of action arising on or after that date.

Statutes affected:
Introduced: 50-1-304