IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE January 5, 2011 Session

TIMMY SYKES ET AL. v. CHATTANOOGA HOUSING AUTHORITY ET AL.

Appeal by Permission from the Court of Appeals, Eastern Section Circuit Court for Hamilton County No. 05C556 W. Jeffrey Hollingsworth, Judge

No. E2008-00525-SC-R11-CV - Filed June 24, 2011

W ILLIAM C. K OCH, J R., J., concurring.

The Court has reached a result in this case that is consistent with Kinsler v. Berkline, LLC, 320 S.W.3d 796 (Tenn. 2010) and Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010). However, as reflected in Chief Justice Clark’s separate opinions in both Kinsler and Gossett, I continue to believe that abandoning the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework that had served Tennessee’s courts well for many years in both Whistleblower Act claims and claims under the Tennessee Human Rights Act was a mistake.

______________________________ WILLIAM C. KOCH, JR., JUSTICE