Tennessee § 4-21-101 - Purpose and intent.

§ 4-21-101. Purpose and intent.

It is the purpose and intent of the general assembly by this chapter to: 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.); 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; 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; Protect their interest in personal dignity and freedom from humiliation; Make available to the state their full productive capacity in employment; Secure the state against domestic strife and unrest that would menace its democratic institutions; Preserve the public safety, health and general welfare; and Further the interest, rights, opportunities and privileges of individuals within the state. 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. Compiler's Notes. The federal Civil Rights Act of 1964, referred to in this section, is compiled in numerous sections of 42 U.S.C. The federal Civil Rights Act of 1968, referred to in this section, is compiled at 18 U.S.C. §§ 231-233, 241, 242, 245, 1153, 2101, 2102; 25 U.S.C. §§ 1301-1303, 1311, 1312, 1321-1326, 1331, 1341; 28 U.S.C. § 1360 notes; 42 U.S.C. §§ 1973j, 3533, 3535, 3601-3619, 3631. The federal Civil Rights Act of 1972, referred to in this section, is codified, in part, in 20 U.S.C. § 1681 . For an Order establishing the Tennessee Title VI Compliance Commission, see Executive Order No. 34 (August 9, 2002). Cross-References. Instruction on the prevention of hate crimes and sexual offenses, § 49-7-137 . Maternity leave, § 4-21-408 . Textbooks. Tennessee Jurisprudence. 6A Tenn. Juris., Constitutional Law, § 71; 8 Tenn. Juris., Courts, § 30; 10 Tenn. Juris., Employer and Employee, §§ 5, 63. Law Reviews. Academic Standards or Discriminatory Hoops? Learning-Disabled Student-Athletes and the NCAA Initial Academic Eligibility Requirements, 66 Tenn. L. Rev. 1049 (1999). Affirmatively Furthering Neighborhood Choice: Vacant Property Strategies and Fair Housing, 46 U. Mem. L. Rev. 1009 (2016). Confusion over “Comparables”: Will the Sixth Circuit Stick to One Standard with Respect to “Similarly Situated” Employees? (David L. Hudson Jr.), 37 No. 11 Tenn. B.J. 25 (2001). Effects of the Sutton Trilogy, 68 Tenn. L. Rev. 705 (2001). Employment Discrimination by Religious Institutions: Limiting the Sanctuary of the Constitutional Ministerial Exception to Religion-Based Employment Decisions, 54 Vand. L. Rev. 481 (2001). FMLA Notice Requirements and the Chevron Test: Maintaining a Hard-Fought Balance, 55 Vand. L. Rev. 261 (2002). Government Contractors Beware: Recent Changes to Federal Affirmative Action Requirements (James Francis Barna), 37 No. 9 Tenn. B.J. 14 (2001). Litigation in the Workplace: Age Discrimination (David A. Burkhalter II), 31 No. 1 Tenn. B.J. 21 (1995). Severe or Pervasive: An Analysis of Who, What, and Where Matters When Determining Sexual Harassment, 66 Vand. L. Rev. 355 (2013). Perceived Disabilities, Social Cognition, and “Innocent Mistakes,” 55 Vand. L. Rev. 481 (2002). Proving an Employer's Intent: Disparate Treatment Discrimination and the Stray Remarks Doctrine After Reeves v. Sanderson plumbing Products, 55 V. L. Rev. 219 (2002). Race and Economic Opportunity (Robert L. Woodson), 42 Vand. L. Rev. 1017 (1989). Raid on the Mountain: A 1963 trial in Blount county portrays the turbulence of the civil rights movement (R. Culver Schmid), 38 No. 1 Tenn. B.J. 18 (2002). Revisiting the Tennessee Employment-At-Will Doctrine — What Is the Exception and What Is the Rule? (Frederick J. Lewis, Jeffery A. Jarratt), 19 Mem. St. U.L. Rev. 171 (1989). Revitalizing Urban Cities: Linking the Past to the Present, 46 U. Mem. L. Rev. 973 (2016). Saving Our Cities: Land Banking in Tennessee, 46 U. Mem. L. Rev. 927 (2016). Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Senior Moments: Protecting Older Adults From Financial Exploitation: Proposed Federal Laws and Regulations, 52 Tenn. B.J. 26 (2016). Tennessee Human Rights Act: Court of Appeals addresses limitations period of THRA (Timothy S. Bland and Licia M. Williams), 38 No. 2 Tenn. B.J. 20 (2002). The Court in Action: A summary of key cases from the U.S. Supreme Court 2000-2001 (Perry A. Craft and Arshad (Paku) Khan), 37 No. 10 Tenn. B.J. 18 (2001). The Court's Response to the Reagan Civil Rights Agenda (Drew S. Days, III), 42 Vand. L. Rev. 1003 (1989). The Exclusiveness of an Employee's Workers' Compensation Remedy Against His Employer (Joseph H. King, Jr.) 55 Tenn. L. Rev. 405 (1988). The Fair Housing Amendments Act of 1988: The Second Generation of Fair Housing (James A. Kushner), 42 Vand. L. Rev. 1049 (1989). The Faragher and Ellerth Problem: Lower Courts' Confusion Regarding the Definition of “Supervisor,” 54 Vand. L. Rev. 123 (2001). The New ADA Backlash, 82 Tenn. L. Rev. 1 (2014). The Reagan Administration's Civil Rights Policy: The Challenge for the Future (William Bradford Reynolds), 42 Vand. L. Rev. 993 (1989). The Sins of Innocence in Standing Doctrine, 68 Vand. L. Rev. 297 (2015). Twenty-Five Years Later: Where Do We Stand on Equal Employment Opportunity Law Enforcement? (David L. Rose), 42 Vand. L. Rev. 1121 (1989). What Part of “No” Don't You Understand?: Recent Developments in Workplace Sexual Harassment Law (William D. Evans Jr.), 36 No. 5 Tenn. B.J. 14 (2000). Workers' Compensation — Anderson v. Standard Register Co.: Tennessee Supreme Court Specifies Elements Required to Establish a Cause of Action for Retaliatory Discharge in Workers' Compensation Cases, 24 Mem. St. U.L. Rev. 825 (1994). Attorney General Opinions. Mediation by the Tennessee Human Rights Commission, OAG 94-115, 1994 Tenn. AG LEXIS 118 (10/6/94). Tennessee human rights commission — Authority to investigate “improper administration of justice,” OAG 99-192, 1999 Tenn. AG LEXIS 206 (9/28/99). A judge who impartially applies state anti-discrimination law, as written and enacted by the General Assembly, is fulfilling the judicial duty to “uphold and apply the law,” not manifesting bias or prejudice or engaging in harassment. Tenn. Sup. Ct. R. 10, Rule 2.3 does not, nor could it, prevent a judge from faithfully applying that law in a case before the court. Tenn. Sup. Ct. R. 10, Rule 3.6 does not establish a religious test that excludes from office members of any religious organization, including ones that disapprove of or condemn homosexuality. Rule 3.6 is inapplicable to membership in religious organizations. OAG 18-17, 2018 Tenn. AG LEXIS 16 (4/3/2018).