By The Law Offices of John Day, P.C. on Apr 30, 2025 05:40 am
In a case where a former Tennessee Department of Environment and Conservation Deputy Commissioner claimed defamation based on statements related to a sexual harassment investigation and his subsequent termination, the Court of Appeals ruled that the State’s motion to dismiss should not have been granted, and that the State had not yet met its burden of showing that the absolute executive privilege applied. In Hill v. State of Tennessee, No. M2022-01749-COA-R3-CV (Tenn. Ct. App. April 10, 2025), the plaintiff was terminated from his position as Deputy Commissioner of a state department after an investigation into alleged sexual harassment claims. The initial incident that started the investigation centered on another state employee with whom the plaintiff discussed camping. The plaintiff had texted her information about a hike after an in-person conversation. This employee later commented to a co-worker that the plaintiff had a crush on her. According to plaintiff, this was said in jest, and the employee was not bothered by the plaintiff’s comments or texts. In fact, the plaintiff asserted in this suit that the employee was eventually discharged because she would not go along with the narrative that the plaintiff sexually harassed her. Plaintiff asserted that the investigation into his alleged sexual harassment was a sham, and that the state employees who conducted the investigation knew he was innocent. He asserted that sexual harassment allegations were fabricated and known to be false, and that these false statements were distributed to the media.
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