reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 18 - FALSE CLAIMS ACT (§§ 4-18-101 — 4-18-108) › Section 4-18-107 - Provisions are not exclusive - Severability - Liberal construction

(a)
This chapter is not exclusive, and the remedies provided for in this chapter shall be in addition to any other remedies provided for by law or available under common law.
(b)
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to that end this chapter is declared to be severable.
(c)
This chapter is declared to be remedial in nature and this chapter shall be liberally construed to effectuate its purposes.
Acts 2001, ch. 367, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 18 - FALSE CLAIMS ACT (§§ 4-18-101 — 4-18-108) › Section 4-18-108 - Inapplicable to medical claims

This chapter shall not apply to any conduct, activity or claims covered by the Medicaid False Claims Act, §§
71-5-181
- 71-5-185, including without limitation, claims arising out of funds paid to or by TennCare managed care organizations.
Acts 2001, ch. 367, § 8.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 19 - STATE EXAMINING BOARDS-GENERAL PROVISIONS (§§ 4-19-101 — 4-19-103) › Section 4-19-101 - Retention of examination papers

All state boards, except the board of law examiners, charged with the duty of giving examinations to determine the qualifications of individuals who seek to be licensed to engage in a special profession, position or business, are required to retain all examination papers for a period of at least one (1) year, during which time the examination papers will be subject to review upon request.
Acts 1965, ch. 349, § 1; T.C.A., § 4-1901.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 19 - STATE EXAMINING BOARDS-GENERAL PROVISIONS (§§ 4-19-101 — 4-19-103) › Section 4-19-102 - Applicants - Number of times examination may be taken

(a)
No board, commission or agency of this state that issues licenses to persons to engage in an occupation, trade or profession based upon written or oral examination shall adopt or enforce any rule, regulation or law limiting the number of times that any person, otherwise qualified, may apply for and stand for such written or oral examination at any regular examination session regardless of the number of times such person has taken such examination.
(b)
This section shall specifically apply to the state board of law examiners.
Acts 1971, ch. 354, § 1; 1972, ch. 789, § 1; T.C.A., § 4-1902.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 19 - STATE EXAMINING BOARDS-GENERAL PROVISIONS (§§ 4-19-101 — 4-19-103) › Section 4-19-103 - Accommodations for person taking examination for licensure

(a)
As used in this section:
(1)
"Agency" has the same meaning as defined in §
4-5-102
; and
(2)
"License" has the same meaning as defined in §
4-5-102
.
(b)
An agency that requires a person applying for a license to engage in an occupation, trade, or profession in this state to take an examination shall ensure the provision of appropriate accommodations in accordance with the Americans with Disabilities Act (
42 U.S.C. § 12101
et seq.).
(c)
A state agency that administers a required examination for licensure shall promulgate rules to implement this section. The rules must:
(1)
Establish the eligibility criteria that a person must meet for an accommodation to be provided pursuant to this section; and
(2)
Be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(d)
The requirements of this section do not apply to an examination mandated and administered pursuant to federal law.
Added by 2019 Tenn. Acts, ch. 243,s 1, eff. 7/1/2020.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-101 - Commission created - Regional representation

(a)
(1)
There is created and established a state commission to be known as the Tennessee arts commission, to consist of fifteen (15) members broadly representative of all fields of the performing, visual and literary arts, to be appointed by the governor from among citizens of the state who have demonstrated a vital interest in the performing, visual or literary arts.
(2)
In making appointments to the arts commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
(b)
There shall be at least one (1) but not more than two (2) members from each United States congressional district in Tennessee. Such members' residency shall be determined by the congressional district in which such members are registered to vote.
Acts 1967, ch. 2, § 1; 1978, ch. 688, § 1; T.C.A., § 4-2001; Acts 1980, ch. 680, § 1; 1988, ch. 1013, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-102 - Members - Tenure - Vacancies - Expenses - Officers

(a)
Terms shall be for five (5) years.
(b)
No member of the commission who serves a full five-year term shall be eligible for reappointment during a one-year period following the expiration of such member's term.
(c)
All vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments.
(d)
(1)
The members of the commission shall not receive any compensation for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties as members of the commission.
(2)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e)
The commission will annually elect its chair and other officers.
Acts 1967, ch. 2, § 2; 1976, ch. 806, § 1(9); T.C.A., § 4-2002.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-103 - Executive director - Staff - Advisory panels

(a)
The governor shall appoint an executive director for the Tennessee arts commission. The executive director shall have broad experience in art agency management. Prior to appointing the executive director, the governor shall request that the Tennessee arts commission conduct a search for qualified candidates. The commission shall submit to the governor at least three (3) interested and qualified candidates. The commission shall submit additional candidates at the governor's request. The governor shall appoint the executive director from among the recommendations submitted by the commission. In the event of a vacancy, the governor shall appoint a new executive director. The governor or the commission shall remove the executive director for neglect of duty or other just cause.
(b)
The executive director shall employ other officers, experts and employees as may be needed and shall fix their compensation within the amounts made available for such purposes. Employment of staff members is subject to the approval of the commissioner of human resources.
(c)
The commission may also, at its discretion, form advisory panels from qualified persons within the state to obtain their advice and counsel on matters pertaining to the arts. Members of these panels shall serve at the will and pleasure of the commission and will receive no compensation.
Acts 1967, ch. 2, § 3; T.C.A., § 4-2003; Acts 2007, ch. 60, § 3; 2012, ch. 986, § 19.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-104 - Duties and objectives

The duties and objectives of the commission are to:
(1)
Stimulate and encourage throughout the state the study and presentation of the performing, visual and literary arts and public interest and participation therein;
(2)
Encourage participation in, appreciation of, and education in the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
(3)
Take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state, to expand the state's cultural resources and to promote the use of art in the state government's activities and facilities; and
(4)
Encourage excellence and assist freedom of artistic expression essential for the well-being of the arts.
Acts 1967, ch. 2, § 4; T.C.A., § 4-2004.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-105 - Powers

(a)
The commission is authorized and empowered to:
(1)
Hold public hearings;
(2)
Enter into contracts, within the limit of funds available therefor, with individuals, organizations and institutions for services furthering the objectives of the commission's programs;
(3)
Enter into contracts, within the limit of funds available therefor, with local and regional associations for cooperative endeavors furthering the objectives of the commission's programs;
(4)
Accept gifts, contributions and bequests of unrestricted funds from individuals, foundations, corporations and other organizations or institutions for the purpose of furthering the objectives of the commission's programs;
(5)
Make and sign any agreements and do and perform any acts that may be necessary to carry out the purposes of this part; and
(6)
Promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(b)
The commission may request and shall receive from any department, division, board, bureau, commission or agency of this state such assistance and data as will enable it properly to carry out its powers and duties under this part.
Acts 1967, ch. 2, § 5; T.C.A., § 4-2005; Acts 1986, ch. 708, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-106 - Federal funds

The commission is the official agency of the state to receive and disburse appropriate funds made available by the federal government for programs related to the performing, visual and literary arts, and the preservation of architecture, art or artifacts.
Acts 1967, ch. 2, § 6; T.C.A., § 4-2006.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 1 - ARTS COMMISSION (§§ 4-20-101 — 4-20-107) › Section 4-20-107 - Duties as to underserved and underrepresented artists and art organizations

The executive director shall employ at least one (1) full-time employee who shall perform the following duties:
(1)
Identify the traditionally underserved and underrepresented ethnic minority, people with a disability, elderly, and rural artists and arts organizations within the state;
(2)
Periodically survey such artists and arts organizations in order to determine the level of grant program participation among such artists and organizations;
(3)
Review with the executive director and the members of the Tennessee arts commission the grant process and award system in order to identify barriers to equal opportunity for such artists and arts organizations with regard to recruitment, selection, training, technical assistance, funding, benefits and special conditions for each arts grant program administered by or through any entity of state government;
(4)
Report, at least once each year, to the arts commission and to the members of the general assembly concerning the level of grant program participation by such artists and arts organizations and make recommendations pertaining thereto; and
(5)
Undertake other appropriate activities to assure equitable participation by the traditionally underserved and underrepresented ethnic minority, people with a disability, elderly, and rural artists and arts organizations within this state with regard to grant programs administered by or through entities of state government.
Acts 1988, ch. 866, § 1; 2011, ch. 47, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 2 - STIEGLITZ COLLECTION (§§ 4-20-201 — 4-20-202) › Section 4-20-201 - Fisk University Stieglitz Collection Art Endowment Fund

(a)
The Fisk University Stieglitz Collection Art Endowment Fund is hereby created under the supervision of the Tennessee arts commission.
(b)
Such fund shall operate as an irrevocable trust fund within the state treasury and shall be administered by the state treasurer. The terms of the trust instrument shall be approved by the attorney general and reporter.
(c)
The trustees of the trust fund shall be the board of trustees of Fisk University. The members of the Tennessee arts commission shall serve in an ex officio capacity as an advisory committee to such trustees. The state treasurer shall serve as chair of the advisory committee.
(d)
The trustees shall set the investment policy for the trust in accordance with the laws, guidelines and policies that govern investments by the Tennessee consolidated retirement system. The state treasurer is responsible for investment of trust funds in accordance with the policy established by the trustees.
(e)
The trust shall include funds appropriated for the purpose of funding the trust, individual contributions, corporate contributions, contributions by any other public or private entity and the earnings thereon.
(f)
(1)
The corpus of the trust shall not be expended for any purpose.
(2)
Income from the trust shall only be expended to employ a curator, security staff and other employees necessary to allow the Stieglitz Collection at Fisk University to be open to the public, to enable other art exhibits at Fisk University to be open to the public, to employ a docent to prepare educational materials and tours, to provide public information concerning the availability of the artistic and cultural resources at Fisk University, and to provide other necessary staff or services to implement the preceding purposes. No funds may be expended for such purposes until the requirements of subsection (g) have been fulfilled.
(g)
In consideration of the funds made available to Fisk University pursuant to this part, the university shall execute an agreement with the state to admit, for education purposes and free of admission or any other fees, any junior or senior high school student enrolled in any public school who is accompanied by a teacher to the Stieglitz Collection or any other art exhibit that receives funds pursuant to this part that is otherwise open to the public.
(h)
All moneys in the trust fund may be commingled for investment with other trust funds and other funds subject to investment by the state treasurer.
Acts 1987, ch. 398, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 2 - STIEGLITZ COLLECTION (§§ 4-20-201 — 4-20-202) › Section 4-20-202 - Appropriation to further artistic and cultural purposes

There is appropriated an additional sum of eighty thousand dollars ($80,000) annually to the Tennessee arts commission for the purpose of making an annual grant of that amount to Fisk University to employ a curator, security staff and other employees necessary to allow the Stieglitz Collection at Fisk University to be open to the public, to enable other art exhibits at Fisk University to be open to the public, to employ a docent to prepare educational materials and tours, to provide public information concerning the availability of the artistic and cultural resources at Fisk University, and to provide other necessary staff or services to implement the preceding purposes. The appropriation in this section is to become effective only if adopted as an amendment to the general appropriations act.
Acts 1987, ch. 398, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 3 - DOUGLAS HENRY STATE MUSEUM COMMISSION (§§ 4-20-301 — 4-20-305) › Section 4-20-302 - Qualifications of members - Chair - Service of members without compensation - Expenses

(a)
The members of the commission shall be citizens of the state who have demonstrated active involvement in museums, museum governance, history, art, cultural heritage and enrichment, education and who exemplify fundamental leadership skills and fundraising capabilities.
(b)
The commission shall elect a chair from among its appointed membership. The chair shall serve in that capacity for one (1) year and shall be eligible for reelection. The chair shall preside at all meetings and shall have all the powers and privileges of the other members.
(c)
(1)
The members of the commission shall not receive any compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties as members of the commission.
(2)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 2009, ch. 497, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 3 - DOUGLAS HENRY STATE MUSEUM COMMISSION (§§ 4-20-301 — 4-20-305) › Section 4-20-303 - Transfer of duties and functions from the Tennessee arts commission - Function of the commission

(a)
The duties and functions of the Tennessee arts commission relative to the operation of the state museum are transferred to the Douglas Henry state museum commission.
(b)
The primary function of the commission shall be to oversee the operations of the state museum. The commission shall also be entrusted with establishing the strategic direction of the museum, with an emphasis on the educational and cultural enrichment of the citizens of this state. The commission shall work to ensure that the citizens of this state have access and exposure to the museum collections and special changing exhibits, and that the current collections are preserved appropriately and exposed to the public. The commission shall also work to ensure that future acquisitions are made in a deliberate manner in support of the mission and goals of the museum, for the purpose of educating the citizens of this state.
Acts 2009, ch. 497, §§ 1, 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 3 - DOUGLAS HENRY STATE MUSEUM COMMISSION (§§ 4-20-301 — 4-20-305) › Section 4-20-304 - Powers and authority - Assistance and data from other state entities - Sole governing authority of museum

(a)
The commission is authorized and empowered to:
(1)
Oversee the operation of the state museum;
(2)
Employ a museum executive director;
(3)
Promulgate rules and regulations for its own governance and for the operation and administration of the museum, with the rules and regulations being promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title;
(4)
Identify the necessary controls to ensure expenditures in accordance with the law of such public funds as may be appropriated to the commission;
(5)
Make regular reports to the general assembly as required; and
(6)
Adopt policies designed to fulfill the duties and to attain the objectives of the commission as established by law.
(b)
The commission may request and shall receive from any department, division, board, bureau, commission or agency of this state any assistance and data as will enable it properly to carry out its powers and duties under this part.
(c)
The commission shall be the sole governing authority of the state museum.
Amended by 2018 Tenn. Acts, ch. 821,s 17, eff. 4/24/2018.
Acts 2009, ch. 497, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 20 - ART (§§ 4-20-101 — 4-20-305) › Part 3 - DOUGLAS HENRY STATE MUSEUM COMMISSION (§§ 4-20-301 — 4-20-305) › Section 4-20-305 - Commission official agency to receive federal funding

The commission is the official agency of the state to receive federal funding related to the functions of the museum and for regranting to other appropriate entities.
Acts 2009, ch. 497, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 1 - GENERAL PROVISIONS (§§ 4-21-101 — 4-21-102) › Section 4-21-101 - Purpose and intent

(a)
It is the purpose and intent of the general assembly by this chapter to:
(1)
Provide for execution within Tennessee of the policies embodied in the federal Civil Rights Acts of 1964, 1968 and 1972, the Pregnancy Amendment of 1978 (
42 U.S.C. § 2000e(k)
), and the Age Discrimination in Employment Act of 1967 (
29 U.S.C. § 621
et seq.);
(2)
Assure that Tennessee has appropriate legislation prohibiting discrimination in employment, public accommodations and housing sufficient to justify the deferral of cases by the federal equal employment opportunity commission, the department of housing and urban development, the secretary of labor and the department of justice under those statutes;
(3)
Safeguard all individuals within the state from discrimination because of race, creed, color, religion, sex, age or national origin in connection with employment and public accommodations, and because of race, color, creed, religion, sex or national origin in connection with housing;
(4)
Protect their interest in personal dignity and freedom from humiliation;
(5)
Make available to the state their full productive capacity in employment;
(6)
Secure the state against domestic strife and unrest that would menace its democratic institutions;
(7)
Preserve the public safety, health and general welfare; and
(8)
Further the interest, rights, opportunities and privileges of individuals within the state.
(b)
The prohibitions in this chapter against discrimination because of age in connection with employment and public accommodations shall be limited to individuals who are at least forty (40) years of age.
Acts 1978, ch. 748, § 2; T.C.A., § 4-2101; Acts 1980, ch. 732, §§ 1-4; 1984, ch. 1007, § 1; 1986, ch. 807, § 1; 1988, ch. 714, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 2 - HUMAN RIGHTS COMMISSION (§§ 4-21-201 — 4-21-204) › Section 4-21-204 - Complaint form

The office of the attorney general and reporter shall make a complaint form available on the office's website for persons alleged to have been aggrieved by the commission pursuant to the commission's authority under this chapter. The office of the attorney general and reporter shall also supply an individual with a written copy of the complaint form via the United States postal service upon request. The office shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted by the office for investigative purposes.
Added by 2022 Tenn. Acts, ch. 1127,s 4, eff. 6/1/2022.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-301 - Discriminatory practices

(a)
It is a discriminatory practice for a person or for two (2) or more persons to:
(1)
Retaliate or discriminate in any manner against a person because such person has opposed a practice declared discriminatory by this chapter or because such person has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing under this chapter;
(2)
Willfully interfere with the performance of a duty or the exercise of a power by the commission or one (1) of its members or representatives;
(3)
Willfully obstruct or prevent a person from complying with this chapter or an order issued under this chapter; or
(4)
Violate the terms of a conciliation agreement made pursuant to this chapter.
(b)
No individual employee or agent of an employer shall be liable for any violation of part 4 of this chapter that any employer shall be found to have committed.
Amended by 2014 Tenn. Acts, ch. 995,s 1, eff. 7/1/2014.
Acts 1978, ch. 748, § 16; T.C.A., §§ 4-2114, 4-21-114.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-302 - Complaints - Consideration by commission

(a)
A person claiming to be aggrieved by a discriminatory practice, or a member of the commission may file with the commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged, referred to in this part as the respondent. Within ten (10) days after receipt of the complaint, the commission shall serve on the complainant a notice acknowledging the filing of the complaint and informing the complainant of the respondent's time limits and choice of forums under this chapter.
(b)
The commission staff, or a person designated pursuant to its rules, shall promptly investigate the matter to determine whether the discriminatory practice exists and shall within ten (10) days furnish the respondent with a copy of the complaint and a notice advising the respondent of the respondent's procedural rights and obligations under this chapter.
(c)
The complaint must be filed within one hundred eighty (180) days after the commission of the alleged discriminatory practice.
(d)
(1)
The commission staff, or a person designated pursuant to its rules, shall commence an investigation of the complaint within thirty (30) days after the filing of the complaint. The commission staff, or designee, shall promptly investigate the matter to determine whether the discriminatory practice exists.
(2)
If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission shall furnish a copy of the order to the complainant, the respondent, and such public officers and persons as the commission deems proper.
(e)
(1)
The complainant, within thirty (30) days after receiving a copy of the order dismissing the complaint, may file with the commission an application for reconsideration of the order.
(2)
Upon such application, the commission or an individual designated pursuant to its rules shall make a new determination within thirty (30) days whether there is reasonable cause to believe that the respondent has engaged in a discriminatory practice.
(3)
If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission shall issue an order dismissing the complaint after reconsideration, and furnishing a copy of the order to the complainant, the respondent, and such public officers and persons as the commission deems proper.
Acts 1978, ch. 748, § 17; T.C.A., §§ 4-2115, 4-21-115; Acts 1992, ch. 1027, §§ 3, 4.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-303 - Conciliation agreements - Temporary relief

(a)
If the staff determines after investigation, or if the commission or its delegate determines after the review provided for in §
4-21-302
that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission staff shall endeavor to eliminate the alleged discriminatory practices by conference, conciliation and persuasion.
(b)
The terms of a conciliation agreement reached with a respondent shall require the respondent to refrain from discriminatory practices in the future, and shall make such further provisions as may be agreed upon between the commission or its assigned staff and the respondent.
(c)
If a conciliation agreement is entered into, the commission shall issue and serve on the complainant an order stating its terms. A copy of the order shall be delivered to the respondent, and such public officers and persons as the commission deems proper.
(d)
Except for the terms of the conciliation agreement, neither the commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate discriminatory practice by conference, conciliation or persuasion, whether or not there is a determination of reasonable cause or a conciliation agreement. The conciliation agreement itself shall be made public unless the complainant and the respondent otherwise agree, and the commission also determines that disclosure is not required to further the purposes of this chapter.
(e)
At the expiration of one (1) year from the date of a conciliation agreement, and at other times in its reasonable discretion, the commission staff may investigate whether the terms of the agreement have been and are being complied with by the respondent.
(f)
Upon finding that the terms of the agreement are not being complied with by the respondent, the commission shall take such action as it deems appropriate to assure compliance.
(g)
At any time after a complaint is filed, the commission may file an action in the chancery court or circuit court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or has the respondent's principal place of business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under the chapter, including an order or decree restraining such respondent from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court has the power to grant such temporary relief or restraining order as it deems just and proper.
Acts 1978, ch. 748, § 18; T.C.A., §§ 4-2116, 4-21-116; Acts 1992, ch. 1027, § 5; 1996, ch. 777, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-305 - Findings and orders

(a)
If the commission determines that the respondent has not engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, and such public officers and persons as the commission deems proper.
(b)
If the commission determines that the respondent has engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, and to such public officers and persons as the commission deems proper.
Acts 1978, ch. 748, § 20; T.C.A., §§ 4-2118, 4-21-118.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-306 - Remedies

(a)
Affirmative action ordered under this section may include, but is not limited to:
(1)
Hiring, reinstatement or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable;
(2)
Admission or restoration of individuals to union membership, admission to, or participation in, a guidance program, apprenticeship, training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs;
(3)
Admission of individuals to a place of public accommodation, resort or amusement;
(4)
The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent;
(5)
Reporting as to the manner of compliance;
(6)
Posting notices in conspicuous places in the respondent's place of business in the form prescribed by the commission and inclusion of such notices in advertising material;
(7)
Payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney's fee;
(8)
Such other remedies as shall be necessary and proper to eliminate all the discrimination identified by the evidence submitted at the hearing or in the record; and
(9)
(A)
In cases involving discriminatory housing practices only, payment by the respondent of a civil penalty:
(i)
In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices;
(ii)
In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or
(iii)
In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint;
(B)
If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (a)(9)(A)(ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.
(b)
The commission may publish, or cause to be published, the names of persons who have been determined to have engaged in a discriminatory practice.
Acts 1978, ch. 748, §§ 21; T.C.A., §§ 4-2119, 4-21-119; Acts 1992, ch. 1027, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-308 - Access to records

(a)
In connection with an investigation of a complaint filed under this chapter, the commission or its designated representative at any reasonable time may request access to premises, records and documents relevant to the complaint and the right to examine a photograph and copy evidence.
(b)
Every person subject to this chapter shall:
(1)
Make and keep records relevant to the determination of whether discriminatory practices have been or are being committed;
(2)
Preserve such records for such periods; and
(3)
Make such reports therefrom, as the commission shall prescribe by regulation or order, as reasonably necessary, or appropriate for the enforcement of this chapter or the regulation or orders thereunder.
(c)
So as to avoid undue burdens on persons subject to this chapter, records and reports required by the commission under this section shall conform as near as may be to similar records and reports required by federal law and the laws of other states and to customary recordkeeping practice.
(d)
If a person fails to permit access, examination, photographing or copying or fails to make, keep or preserve records or make reports in accordance with this section, the chancery court in Davidson county or the chancery court or circuit court for the county in which such person is found, resides, or has such person's principal place of business, upon application of the commission, may issue an order requiring compliance.
(e)
The commission, by regulation, shall require each person subject to this chapter who controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purpose of the chapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and shall furnish to the commission upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs.
(f)
A person who believes that the application to it of a regulation or order issued under this section would result in undue hardship may apply to the commission for an exemption from the application of the regulation or order. If the commission finds the application of the regulation or order to the person in question would impose an undue hardship, the commission may grant appropriate relief.
Acts 1978, ch. 748, § 23; T.C.A., §§ 4-2121, 4-21-121; Acts 1996, ch. 777, § 6; 2005, ch. 111, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-309 - Subpoenas

(a)
(1)
Upon written application to the commission, a party to a proceeding is entitled as of right to the issuance of subpoenas for deposition or hearing in the name of the commission by an individual designated pursuant to its rules requiring attendance and the giving of testimony by witnesses and the production of documents.
(2)
A subpoena so issued shall show on its face the name and address of the party at whose request the subpoena is directed.
(3)
On petition of the person to whom the subpoena is directed and notice to the requesting party, the commission or an individual designated pursuant to its rules may vacate or modify the subpoena.
(4)
Depositions of witnesses may be taken as prescribed by the Tennessee Rules of Civil Procedure.
(5)
Witnesses whose depositions are taken, or who are summoned before the commission or its agents, will be entitled to the same witness and mileage fees as are paid to the witnesses subpoenaed in chancery courts of the state.
(b)
If a person fails to comply with a subpoena issued by the commission, the chancery court or circuit court of the county in which the person is found, resides, or has the person's principal place of business, upon application of the commission or the party requesting the subpoena, may issue an order requiring compliance. In any proceeding brought under this section, the court may modify or set aside the subpoena.
Acts 1978, ch. 748, § 24; T.C.A., §§ 4-2122, 4-21-122; Acts 1996, ch. 777, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-310 - Resistance to, obstruction, etc., of commission

Any person who willfully resists, prevents, impedes or interferes with the performance of a duty or the exercise of a power by the commission or one (1) of its members or representatives commits a Class C misdemeanor.
Acts 1978, ch. 748, § 25; T.C.A., §§ 4-2123, 4-21-123; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-311 - Additional remedies preserved - Civil Action - Allocations of burden of proof

(a)
Any person injured by any act in violation of this chapter shall have a civil cause of action in chancery court or circuit court.
(b)
In such an action, the court may issue any permanent or temporary injunction, temporary restraining order, or any other order and may award to the plaintiff actual damages sustained by such plaintiff, together with the costs of the lawsuit, including a reasonable fee for the plaintiff's attorney of record, all of which shall be in addition to any other remedies contained in this chapter.
(c)
In cases involving discriminatory housing practices, the court may award punitive damages to the plaintiff, in addition to the other relief specified in this section and this chapter. In addition to the remedies set forth in this section, all remedies described in §
4-21-306
, except the civil penalty described in §
4-21-306(a)(9)
, shall be available in any lawsuit filed pursuant to this section.
(d)
A civil cause of action under this section shall be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases, and any such action shall supersede any complaint or hearing before the commission concerning the same alleged violations, and any such administrative action shall be closed upon such filing.
(e)
In any civil cause of action alleging a violation of this chapter or of §
8-50-103
, the plaintiff shall have the burden of establishing a prima facie case of intentional discrimination or retaliation. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the challenged employment action. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination or retaliation raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the challenged employment action and that the stated reason was a pretext for illegal discrimination or retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of intentional discrimination or retaliation.
Acts 1978, ch. 748, § 26; T.C.A., §§ 4-2124, 4-21-124; Acts 1989, ch. 374, § 1; 1992, ch. 1027, § 8; 1996, ch. 777, §§ 8, 9; 2011 , ch. 461, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-312 - Election of civil action

(a)
This section applies only in cases involving discriminatory housing practices.
(b)
If the commission has determined that there is reasonable cause to believe that the respondent has engaged in a discriminatory housing practice and if the complaint has not been resolved through a conciliation agreement, the commission shall notify the complainant and the respondent in writing that they may elect to have the claims and issues of the complaint decided in a civil action commenced and maintained by the commission. Either the complainant or the respondent may make such an election by notifying the commission of the complainant's or respondent's desire to do so. A party shall make an election for a civil action no later than twenty (20) days after receiving notice of permission to do so.
(c)
If an election is made under this section, no later than sixty (60) days after the election is made, the commission shall commence a civil action in the chancery court or circuit court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or has the respondent's principal place of business.
(d)
In a civil action brought under this section, the court may grant relief as it deems appropriate, including any permanent or temporary injunction, temporary restraining order, or other equitable relief, and may award to any person compensatory and punitive damages. Parties to a civil action brought pursuant to this section shall have the right to a jury trial.
Amended by 2016 Tenn. Acts, ch. 863,s 2, eff. 4/19/2016.
Acts 1992, ch. 1027, § 9; 1996, ch. 777, § 10.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-313 - Limitations on compensatory damage amounts - Exclusions from application of limits

(a)
For any cause of action arising under §
4-21-401
, §
8-50-103
, or §
50-1-304
, the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, shall not exceed, for each complaining party:
(1)
In the case of a cause of action arising under §
50-1-304
and an employer who has less than eight (8) employees at the time the cause of action arose, twenty-five thousand dollars ($25,000);
(2)
In the case of an employer who has eight (8) or more but fewer than fifteen (15) employees at the time the cause of action arose, twenty-five thousand dollars ($25,000);
(3)
In the case of an employer who has more than fourteen (14) and fewer than one hundred one (101) employees at the time the cause of action arose, fifty thousand dollars ($50,000);
(4)
In the case of an employer who has more than one hundred (100) and fewer than two hundred one (201) employees at the time the cause of action arose, one hundred thousand dollars ($100,000);
(5)
In the case of an employer who has more than two hundred (200) and fewer than five hundred one (501) employees at the time the cause of action arose, two hundred thousand dollars ($200,000); and
(6)
In the case of an employer who has more than five hundred (500) employees at the time the cause of action arose, three hundred thousand dollars ($300,000).
(b)
The limitations in subsection (a) shall not apply to backpay, interest on backpay, front pay, or any equitable relief.
(c)
The court shall not inform a jury of the limitations in subsection (a), but the court shall conform any judgment to comply with the limitations.
(d)
For the purpose of determining when the cause of action arose under subsection (a), the court shall determine the number of employees employed by the employer on the date when the adverse employment action giving rise to the employee's claim occurred.
Amended by 2016 Tenn. Acts, ch. 593,s 1, eff. 3/10/2016.
Added by 2014 Tenn. Acts, ch. 995,s 2, eff. 7/1/2014.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 21 - HUMAN RIGHTS (§§ 4-21-101 — 4-21-1004) › Part 3 - VIOLATIONS-PROCEDURES (§§ 4-21-301 — 4-21-314) › Section 4-21-314 - Simultaneous action in state and federal courts concerning common nucleus of operative facts prohibited

No employee may concurrently maintain any cause of action in state court under §
4-21-401
, §
8-50-103
, or §
50-1-304
, while at the same time prosecuting an action in federal court based on a common nucleus of operative facts. Upon motion of the employer, the state court shall dismiss any action maintained under §
4-21-401
, §
8-50-103
, or §
50-1-304
, in which the employee is concurrently prosecuting an action based on a common nucleus of operative facts in federal court.
Added by 2014 Tenn. Acts, ch. 995,s 2, eff. 7/1/2014.