795 F.Supp.3d 1032
M.D. Tenn.2025Background
- Jacqlyn Powell, a former Western Express, Inc. truck driver, alleges workplace sexual harassment and related torts.
- Powell claims her trainer, Temer Lynch, repeatedly sexually harassed her and retaliated when she objected.
- After reporting the harassment and refusing to remain alone with Lynch, Powell was stranded by Lynch and later subjected to further harassment.
- Western Express allegedly did not effectively address her complaints and reduced her work opportunities after she complained.
- Powell brought claims under Title VII, the Tennessee Human Rights Act, the Trafficking Victims Protection Act (TVPA), and various torts.
- Defendant moved to dismiss tort claims under the Tennessee Workers’ Compensation Act (TWCA) exclusivity and the TVPA claim for failure to state a claim.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| TWCA Exclusivity and Tort Claims | Sexual harassment injuries are not covered under the TWCA since they are not work-related injuries. | TWCA bars all tort claims arising from workplace incidents, including negligence and intentional torts. | TWCA does not bar claims based on sexual harassment; tort claims proceed. |
| TVPA—Venture Liability | Western Express benefited from Lynch’s acts by having a trained driver; Western Express' actions were part of a sex trafficking venture. | No sufficient facts to show a sex trafficking venture or that Western Express knowingly benefited from one; no commercial sex act occurred/intended. | TVPA claim dismissed; no venture, no benefit, and no commercial sex act as defined under the statute. |
Key Cases Cited
- Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999) (workplace sexual harassment injuries are not covered under Tennessee workers’ compensation law as they are personal, not inherent to employment)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for pleadings under Rule 12(b)(6))
- Padilla v. Twin City Fire Ins. Co., 324 S.W.3d 507 (Tenn. 2010) (TWCA applies only to injuries arising out of and in course of employment)
- Coleman v. St. Thomas Hosp., 334 S.W.3d 199 (Tenn. Ct. App. 2010) (injury must have rational connection to employment for TWCA coverage)