Tennessee Overhauls Civil Rights Enforcement

New division takes over discrimination complaints.

Tennessee employers face a shifting landscape as the state has dissolved its Human Rights Commission. A newly formed division will now be responsible for handling employment discrimination complaints.

Enforcement Power Shift

In May, legislation signed by **Gov. Bill Lee** transferred civil rights enforcement duties from the Tennessee Human Rights Commission (THRC) to a new division. As a result, the THRC ceased to exist as of June 30.

The responsibilities have been divided as follows:

• The Division of Civil Rights Enforcement (CRED) within the Tennessee Office of the Attorney General (AG) now handles state-level civil rights enforcement. CRED serves as the primary enforcer of both the Tennessee Human Rights Act (THRA) and the Tennessee Disability Act (TDA).
• The Tennessee Department of Human Resources (DOHR) is now in charge of ensuring state entities adhere to Title VI of the Civil Rights Act of 1964, managing federal civil rights enforcement.

Impact on Existing Complaints

For complaints filed before July 1, the following guidelines apply:

• The EEOC will now handle employment discrimination complaints that were pending before the THRC as of June 30, according to CRED FAQs. Individuals are not required to refile with CRED.
• Any lawful orders issued by the THRC before July 1 remain valid but will be enforced by CRED.

New Complaint Procedures

Here’s what to know about complaints filed on or after July 1:

• Individuals still have 180 days from the date of the alleged discriminatory practice to file state-level employment discrimination complaints. However, these complaints must now be submitted to CRED.
• It is uncertain whether CRED will continue the THRC’s worksharing agreement with the EEOC, which facilitated “dual filing.” Dual filing allows charges filed with the state agency to be forwarded to the EEOC (and vice versa), extending the EEOC filing deadline to 300 days.

Notably, in 2023, the EEOC resolved 94,621 charges of workplace discrimination and secured more than $665 million for victims (EEOC 2023).

Looking Ahead

The state’s AG will appoint a Director of CRED, who will establish a new complaint process under state law. Further changes are anticipated as the AG assumes power to investigate, conciliate, and pursue claims under the THRA and TDA.

It remains to be seen whether the AG’s approach to the THRA and TDA will differ significantly from the THRC. **AG Jonathan Skrmetti**, a former civil rights prosecutor, stated in a July 1 news release that CRED “marks a fresh start for antidiscrimination enforcement in Tennessee,” and that his office “takes this new responsibility seriously and aims to enforce our laws with excellence, integrity and efficiency.”