Employment, Housing & Public Accommodations FAQs

Yes. A person has up to 180 days from the date the discriminatory act occurred to file a complaint with the Tennessee Human Rights Commission (THRC). If more than 180 days have passed, the complaint is non-jurisdictional for the THRC. If less than 300 days have passed, it can be filed with the U. S. Equal Employment Opportunity Commission (EEOC). 

No. The filing of a discrimination complaint is not a lawsuit. It is an administrative process.

No. You are not required to obtain an attorney; however, you may do so at any time. If you do obtain an attorney, you must advise your investigator immediately so that the THRC may contact your attorney regarding your complaint.

Call or visit your nearest THRC office. An Intake Officer can answer your questions and assist you with filling out a complaint form. An electronic complaint form can be accessed and completed here or one can be mailed or emailed to you for your convenience. Please note that electronic forms must be printed, signed or notarized and physically mailed or delivered to a THRC office.

When a complaint is received it is reviewed for jurisdictional requirements. The Intake Review Officer checks to ensure that: The complainant has alleged a basis that is within a protected class. The THRC can only investigate charges that are filed on the basis of discrimination in regard to a person’s race, color, religion, age (over 40), sex, creed, national origin or disability. The charge was filed in a timely manner. A charge has to be filed within 180 days of the discriminatory act. The company/respondent operates a business in the state of Tennessee. The company/respondent employs eight or more people. Please note that under the Tennessee Handicap Act (THA) employers with one or more employees are covered. If it is determined that the complaint meets the jurisdictional requirements, the charge is accepted and assigned a tracking number. If the company/respondent employs fifteen or more people, the charge is dual filed with EEOC and receives a THRC tracking number, as well as an EEOC tracking number. The company/respondent is notified that a charge has been filed against it and a response is requested. Upon receipt of the response, the case is reviewed and may be dismissed or assigned to an investigator. Following assignment, the investigation begins.

The length of an investigation is determined by the complexity of the case and the cooperation of the parties. The investigator is sensitive to time; however, as a fact finder he/she endeavors to gather relevant information, interview witnesses and conduct a thorough investigation so that he/she can make a recommendation on the merits of the case. Generally speaking, an investigation can take up to six months, but it is usually less.

No. The THRC is a neutral fact-finding agency during the investigation. The THRC’s role is to investigate each complaint to determine if there is evidence that a violation of the law has occurred. THRC’s goal is to prevent and eliminate discrimination.

If the THRC determines that there is reasonable cause to believe that discrimination has occurred, the parties are notified and attempts are made to conciliate the complaint. If conciliation is unsuccessful, the complaint may be taken to an administrative hearing to be presented before an administrative law judge, or the complainant can elect to go to federal court by requesting a federal right-to-sue letter (this applies to cases that meet the federal guidelines for the EEOC).

If the THRC receives a complaint that is determined to be jurisdictional for both EEOC and the THRC, the THRC will investigate the charge. Upon completion of the investigation, the THRC will report its findings to EEOC. The EEOC can accept the THRC’s findings, or can conduct additional review of the matter.

The THRC is a state agency that operates under and enforces state laws, which are the Tennessee Human Rights Act (THRA) and the Tennessee Handicap Act (THA). Under these laws, the THRC has jurisdiction to investigate charges of discrimination in employment, housing and public accommodation. The EEOC is a federal agency that enforces federal law. The agency investigates employment complaints. The THRC and the EEOC have a Work Sharing Agreement that allows each agency to act as the other’s agent and prevents duplication of effort.

If you have 8 or more employees, your business comes under the THRA. Please note that under the THA employers with one or more employees are covered.

No. The THRA does not offer protection based on sexual orientation. In the area of employment and public accommodation, the THRA protects against discrimination based on a person’s race, color, creed, religion, national origin, sex, disability, and age (over forty).

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