On May 23, the Tennessee Human Rights Commission (THRC) held their final Board of Commissioner’s ahead of the agency’s dissolution on June 30. During the meeting, commissioner’s heard reports from THRC staff, shared words on their experience, and offered space for public comment. When reflecting on his time with the Board, Commission Chair Darris Upton expressed his gratitude stating: “I would like to thank [Executive] Director Nolen and the entire team for their continued hard work. This is not an easy thing to do. You all have helped us be better commissioners.”
Since 1963, the THRC has encouraged the fair and equal treatment of Tennesseans and has been the primary state agency responsible for enforcing the Tennessee Human Rights Act (THRA) and the Tennessee Disability Act (TDA). These laws prohibit discrimination in employment, public accommodations, and housing, based on race, color, creed, national origin, religion, sex, disability (employment and housing), age (40 and over in employment), familial status (housing), and retaliation. The commission also monitors Title VI compliance for the state of Tennessee. Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, and national origin, for any program receiving federal funds.
During the public comment portion of the meeting, Jocelyn Wurzburg, former THRC Commissioner and author of the THRA, shared her thoughts on the transition: “We are still going to have people who are concerned about civil rights. [The commission] was designed to recommend an administrative procedure with the goal of ending acts of discrimination. We will have to make sure that fair treatment is for everybody, and human rights are for all.”
With the passage of HB0910/SB0861 on May 12, the commission will dissolve on June 30 and enforcement of the THRA and the TDA will be transferred to a newly created Civil Rights Enforcement Division in the Office of Attorney General and Reporter (AG). Additionally, Title VI compliance duties for the state of Tennessee will transfer to the Department of Human Resources. The transfer of duties will go into effect on July 1.
The THRC has submitted official notices to all complainants who have active complaints of discrimination. Any complaint that is pending before the Commission on June 30, will be dismissed. Individuals who have their complaint dismissed may re-file their discrimination complaint or file a private civil action pursuant to Tenn. Code Ann. § 4-21-1201 within 90 days of July 1. To refile complaints of discrimination, individuals can contact the AG’s Office on or after July 1.
Although the process to submit complaints of discrimination with the state of Tennessee will change, individuals can still pursue complaints with the federal government. Any employment related complaint currently pending with the commission that was dual filed with the U.S. Equal Employment Opportunity Commission (EEOC) will continue to be processed by the EEOC pursuant to the federal laws EEOC enforces. EEOC will contact individuals who have dual filed charges. Questions regarding the status of your dual filed complaint, may be directed to EEOC Call the Center at 1-800-669-4000, 1-800-669-6820 (TTY for Deaf/Hard of Hearing Callers only), or 1-844-234-5122 (ASL/Video Phone for Deaf/Hard of Hearing Callers only).
Additionally, individuals can contact the U.S. Department of Housing and Urban Development (HUD) to report complaints of housing discrimination. Complaints can be submitted to the HUD Office of Fair Housing and Equal Opportunity by phone at 1-800-669-9777 or online at <www.hud.gov/contactus/file-complaint>.
For any questions or concerns about the transition of the Commission’s civil rights enforcement duties, please contact the Office of the Attorney General and Reporter either by email at <CRED@ag.tn.gov>, by phone at 615-741-3491, or by mail at P.O. Box 20207, Nashville, Tenn. 37202. Form questions or concerns about the transfer of the state of Tennessee’s Title VI Compliance duties, contact the Department of Human Resources by phone at 615-741-4841 or email at <hr.support@tn.gov>.
For more information on the Tennessee Human Rights Commission, call 800-251-3589; email <ask.thrc@tn.gov>; or visit the agency’s website at <www.tn.gov/humanrights>.
