Laws CRED Enforces

The Tennessee Human Rights Act prohibits discrimination in employment based on a person’s race, creed, color, religion, sex, age (over 40), or national origin. Tenn. Code Ann. § 4-21-401, et seq. The Tennessee Disability Act prohibits discrimination in employment based on a person’s disability.  Tenn. Code Ann. § 8-50-103, et seq.

Examples of Potential Violations:

• Fired, not hired, or demoted because of a protected characteristic rather than for job performance or lack of qualifications
• Denied employee benefits or privileges based on a protected characteristic
• Subjected to harassment based on a protected characteristic
• Denied leave for adoption, pregnancy, childbirth, or infant nursing
  

The Tennessee Human Rights Act prohibits discrimination in housing based on a person’s race, creed, color, religion, sex, age, national origin, disability, or familial status (minor domiciled with parent or legal guardian). Tenn. Code Ann. § 4-21-601, et seq.

Examples of Potential Violations:

• Denied housing based on a protected characteristic
• Subjected to worse housing contract terms, conditions, or privileges based on a protected characteristic
• Harassment by a landlord or another tenant based on a protected characteristic 
• Denied accommodation or modification for a disability
• Refusing to rent due to tenant having a service animal or emotional support animal (see Tenn. Code Ann. § 66-28-406 regarding assistance animals)
• Denied a mortgage loan based on a protected characteristic
• Steered by a real estate agent toward or away from certain neighborhoods based on a protected characteristic

The Tennessee Human Rights Act prohibits discrimination in places of public accommodation based on a person’s race, creed, color, religion, sex, age, or national origin. Tenn. Code Ann. § 4-21-501, et seq.

What is a “Place of Public Accommodation”?

Defined by the THRA as a place, store, or other establishment, either licensed or unlicensed, that supplies goods or services to the general public or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds (but does not include certain private clubs). Tenn. Code Ann. § 4-21-102(17).

Examples of Potential Violations:

• Denied entry to or services by a place open to the public—for example, a restaurant, hotel, retail store, healthcare facility, financial institution, resort, park, or public building–based on a protected characteristic 
• Denied the opportunity to purchase goods based on a protected characteristic

The Tennessee Human Rights Act prohibits discrimination in admissions and programs or activities operated by a school based on a person’s race, color, or national origin. Tenn. Code Ann. § 4-21-1101.

What Schools Are Covered?

Includes both public and private schools, from elementary school through college and technical programs.

Examples of Potential Violations:

• Subjected to harassment based on a protected characteristic
• Denied admission to a public or private school based on a protected characteristic
• Excluded from participating in a scholarship program, school-sponsored club, or other school activity based on a protected characteristic.

The Tennessee Human Rights Act prohibits retaliating or discriminating against a person for opposing unlawful discrimination or for reporting or participating in an investigation of unlawful discrimination. Tenn. Code Ann. § 4-21-301.

• The THRA’s retaliation provision is designed to encourage individuals to oppose and report unlawful discrimination and to participate in investigations of unlawful discrimination without the fear that doing so may result in adverse action against them.
• To be protected activity for purposes of retaliation, there must be a good faith belief that the act or practice being reported or investigated is unlawful discrimination.

Examples of Potential Violations:

• Demoted or fired for reporting sexual harassment to management
• Evicted for participating in an investigation of the landlord for discrimination against other tenants.

The Tennessee Human Rights Act prohibits malicious interference with the exercise of another person’s constitutionally protected rights through threats or acts of violence, coercion, or damage to property because of that person’s race, color, ancestry, religion, or national origin. Tenn. Code Ann. § 4-21-701.

Examples of Potential Violations:

• Violence, threats of violence, or coercion intended to intimidate another person in the exercise of a protected right, such as voting or engaging in free speech, based on a protected characteristic
• Vandalism or arson intended to intimidate another person based on a protected characteristic

The Tennessee Human Rights Act prohibits state officials or agencies from sponsoring, organizing, or seeking reimbursement for meetings or activities at an establishment or facility which restricts membership or privileges because of a person’s sex, race, color, creed, religion, ancestry, national origin, or disability. Tenn. Code Ann. § 4-21-801, et seq.

The THRA also prohibits state officials from entering into commercial agreements with a club that denies entry, use of facilities, or membership, or unreasonably prevents the full enjoyment of such club, on the basis of sex, race, creed, color, religion, ancestry, national origin, or disability. Tenn. Code Ann. § 4-21-803.

The THRA also prohibits adjunct organizations, including booster clubs, of a state university, community college, or institution of higher learning from entering into a contract or purchasing a membership for an employee to a club that denies entry, use of facilities, or membership, or unreasonably prevents the full enjoyment of such club on the basis of sex, race, creed, color, religion, ancestry, national origin, or disability. Tenn. Code Ann. § 4-21-804.

Examples of Potential Violations:

• A state agency sponsored an event, such as an athletic activity, in a facility that does not afford full membership rights or privileges to a person because of a protected characteristic.
• A state official entered into a commercial agreement on behalf of the state with a club that denies a person entry, use, membership or full enjoyment of such club based on a protected characteristic.
• A state university’s athletics booster club purchased its football coach a membership to a private country club that excludes people from membership based on a protected