Unprotected Activities Distinguished

(1) Actions taken by an employer which adversely affect an employee may be predicated upon non-discriminatory grounds. The proscriptions of T.C.A. § 50-3-409 apply when the adverse action occurs because the employee has engaged in protected activities. An employee’s engagement in activities protected by the Act does not automatically render him or her DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS CHAPTER 0800-01-08 UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 immune from discharge or discipline for legitimate reasons, or from adverse actions dictated by non-discriminatory considerations. (2) At the same time, to establish a violation of T.C.A. § 50-3-409, the employee’s engagement in protected activity need not be the sole consideration behind discharge or other adverse action. If protected activity was a substantial reason for the action, or if discharge or other adverse action would not have taken place but for engagement in protected activity, T.C.A. § 50-3-409 has been violated. Ultimately, the issue as to whether a discharge or disciplinary action was because of protected activity will have to be determined on the basis of the facts in the particular case.