Anderson v. Save-A-Lot, Ltd.

989 S.W.2d 277 (Tenn. 1999)

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Nature of the Case

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Facts

Bernice (P) was employed by Save-A-Lot (D). P claimed that she was repeatedly sexually harassed by her immediate supervisor, Bush. He followed her around the store and made lewd gestures and graphic sexual comments and requested sex from her. Bush often touched P when he made his advances. P eventually reported the incidents and an investigation was conducted. P was transferred to another store. P alleges that she has suffered posttraumatic stress disorder and depression and has incurred medical expenses. P was examined and given a 60% permanent psychiatric impairment rating. P filed a complaint for workers’ compensation for lost earnings and medical expenses. She also filed a Title VII action under the Civil Rights Act of 1964. The trial court granted summary judgment to D. A Workers’ Compensation Appeals Panel reversed the trial court. P had suffered an injury in fact but for her employment.