Timmy Sykes v. Chattanooga Housing Authority
2011 Tenn. LEXIS 604
| Tenn. | 2011Background
- Plaintiffs Sykes and Greene were CHA criminal investigators who alleged retaliatory discharge under the Whistleblower Act and THRA.
- CHA terminated Sykes for disciplinary issues including a performance plan and alleged misconduct; contemporaneous concerns about illegal/biased practices were raised by Sykes.
- Greene was terminated for repeated cell phone policy violations and overages after prior disciplinary actions.
- Sykes and Greene alleged the CHA and Chief Hazelwood retaliated against them for raising concerns about illegal activities.
- THRC complaints and internal investigations surfaced after suspensions and prior grievances, with post-termination actions scrutinized for causation.
- Trial court granted summary judgment; Court of Appeals vacated on THRA claim but affirmed on the Whistleblower Act claim; Supreme Court affirmed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal under the Whistleblower Act requires sole causation | Sykes/Greene claim sole-causation evidence. | CHA/ Hazelwood show legitimate, nondiscriminatory reasons. | No; the Court held sole causation not proven; summary judgment upheld for Whistleblower Act. |
| Whether THRA claims require only causation (not sole causation) | Causation between protected activity and termination shown. | Disputed causation evidence insufficient. | Summary judgment improper for THRA; genuine issues of material fact exist. |
| Whether the standard for summary judgment in retaliation cases aligns with Tenn. law post-Gossett and Kinsler | McDonnell Douglas framework should apply for burden shifting. | Tennessee summary judgment standard applies uniformly; no McDonnell Douglas framework. | Tenn. standard applies; Gossett/Kinsler reject McDonnell Douglas framework for retaliation. |
Key Cases Cited
- Kinsler v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010) (adopts Tennessee summary judgment approach, rejects McDonnell Douglas framework in retaliation cases)
- Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010) (rejected McDonnell Douglas; apply Tennessee summary judgment standard to retaliation claims)
- Allen v. McPhee, 240 S.W.3d 803 (Tenn. 2007) (set forth elements of THRA retaliation claim including causation)
- Guy v. Mutual of Omaha Ins. Co., 79 S.W.3d 528 (Tenn. 2002) (explains exclusive or sole-causation requirement for Whistleblower Act claims)