Tennessee Republicans have introduced legislation to terminate the independent watchdog protecting the civil rights of workers, renters, homeowners, and consumers. The Human Rights Commission has safeguarded the civil rights of Tennesseans since 1963 by investigating reports of discrimination in housing, employment, and public accommodations. The Commission generally resolves issues without costly litigation. House Bill 910 and Senate Bill 861 would move the commission under the Attorney General, a political appointee who has actively undermined the civil rights of some Tennesseans.

On Tuesday, March 24th, the Senate Judiciary Committee moved to pass HB0910 / SB0861. The bill proposes to dissolve the Tennessee Human Rights Commission (THRC) and move the enforcement duties of the Tennessee Human Rights Act (THRA) and the Tennessee Disability Act (TDA) to the Attorney General’s Office. This bill would eliminate the 62-year-old Commission, the independent and neutral civil rights state agency dedicated to enforcing anti-discrimination laws for employment, public accommodations and housing.

The bill also proposes to move the state’s Title VI compliance duties from the Commission to the Department of Human Resources. Currently, the THRC monitors compliance for 49 state agencies receiving nearly $31 billion in federal funding. The bill would severely jeopardize the State’s capacity to protect Tennesseans from discrimination, educate business owners, landlords, and citizens of their civil rights and responsibilities, and ensure compliance with Title VI of the Civil Rights Act of 1964.

During a hearing on Tuesday, former Commissioner and author of the Tennessee Human Rights Act Jocelyn Wurzburg described the original intent of the act as “a good, fair law that promised swifter justice under the law. It didn’t want to make criminals out of employers. It didn’t want to stuff the treasury coffers with fines. It wanted to end discriminatory practices.” When reflecting on the impact of the move, she continued, “Under the AG’s office, it will give the perception of criminality, unlawfulness. The procedures of the THRC and its use of mediation works. And it is ending discriminatory practices by settling employer- employee disputes.”

In addition, Muriel Nolen, Executive Director of the THRC, spoke on the impact the bill could have on Tennesseans. “One of the most troubling aspects of this amendment is the lack of a wind down period. According to this bill, all active investigations will be summarily dismissed, leaving the complainants with only 90 days to refile complaints. This is not simply inefficient; it is unjust. The time and resources spent on refiling cases would disproportionately affect complainants and businesses alike, causing unnecessary confusion… and disrupt the legal process for thousands of individuals.” According to data from 2024, discrimination due to disability accounts for 40% of housing complaints… 90% of litigated cases involve individuals with disabilities… and several impact [individuals with] veteran’s status.”

Given the shifting climate surrounding civil rights enforcement at the Federal level, it is more important now than ever for Tennessee to have strong civil rights enforcement at the state level. The bill is now set to be heard by the Senate Government Operations Committee before moving to the House and Senate floors for a vote.

The Tennessee Human Rights Commission was established in the wake of the March on Washington in 1963 by Governor Frank G. Clement. The Commission’s founding principles were to encourage and develop fair and equal treatment for all citizens regardless of race, color, and/or national origin. Over time, the THRC has evolved to become the primary state agency responsible for enforcing the civil rights laws in the state of Tennessee, prohibiting discrimination on the basis of race, color, creed, national origin, religion, sex, disability (employment and housing), age (40 and over in employment), familial status (housing), and retaliation. Since the passing of the THRA in 1978, the Commission has investigated tens of thousands of cases of discrimination, earned millions in monetary benefits for complainants, and provided hundreds of educational presentations for employers, housing providers, and citizens.