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2015 Op. Tenn. Att'y Gen. 1 (2015)

handle is hein.sag/sagtn0176 and id is 1 raw text is: STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL January 6, 2015 Opinion No. 15-01 Healthy Workplace Act of 2014 QUESTIONS 1. Does the Healthy Workplace Act of 2014 create a new cause of action against state or local employers for abusive conduct in the workplace? 2. Does this Act create a new cause of action against state or local employees for abusive conduct in the workplace? 3. Would adoption of the model policy or policy conforming to Tenn. Code Ann. § 50-1-503(b) create immunity for the State or its local governments beyond that provided elsewhere, including that provided by the Governmental Tort Liability Act (GTLA), Tenn. Code Ann. § 29-20-101 et seq., and Tenn. Code Ann. § 9-8-307? 4. If a governmental entity does not adopt such a policy, under what conditions and to what extent would that entity be liable for an employee's abusive conduct? Would it be protected from liability by the GTLA or Tenn. Code Ann. § 9-8- 307? 5. Does the Healthy Workplace Act extend to quasi-governmental entities such as housing authorities, utility districts, and development districts? 6. Who has the authority to adopt such a policy in a county government or city government? OPINIONS 1. No. 2. No. 3. It appears that when a state or local government complies with the policy- adoption requirement of Tenn. Code Ann. § 50-1-503(b), that entity would, under certain circumstances, acquire a specific supplement to the immunity already applicable under the Governmental Tort Liability Act (GTLA), Tenn. Code Ann. § 29-

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