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Reporting supervisor's viewing of porn at work did not support retaliatory discharge claim
April 24, 2009 by Ross Runkel at LawMemo

The Tennessee Court of Appeals holds that an employee didn’t engage in protected conduct when he reported that his supervisor was viewing pornography in the workplace.

Sanders v. Henry County (Tennessee Ct App 04/21/2009)

Daniel Sanders sued his former employer, alleging that the employer violated a state statute (TCA 50-1-304) when it discharged him in retaliation for reporting illegal activities.

The trial court granted summary judgment in favor of the employer. The Tennessee Court of Appeals affirmed, agreeing with the trial court that Sanders didn’t report “illegal activities” within the meaning of that term under the statute when he reported that his supervisor was using his at-work computer to view pornographic pictures.

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