Tennessee § 4-21-202 - Powers and duties.

§ 4-21-202. Powers and duties.

In the enforcement of this chapter, the commission has the power and duty to: Maintain offices in Shelby County, Davidson County, Knox County and Hamilton County and such other offices within the state as may be deemed necessary; Meet and exercise its powers within the state; Annually appoint an executive director, fix the director's compensation with the approval of the governor, and delegate any of its functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency; Promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies; Enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff; Cooperate with the federal equal employment opportunity commission created under § 705 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-4), and with the department of housing and urban development in enforcing the Fair Housing Act of 1968 (42 U.S.C. § 3601 et seq.), in order to achieve the purposes of those acts, and with other federal and local agencies in order to achieve the purposes of this chapter; Accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities; Accept reimbursement pursuant to § 709(b) of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-8), and pursuant to § 816 of the Fair Housing Act of 1968 (42 U.S.C. § 3616), for services rendered to assist the federal equal employment opportunity commission and the department of housing and urban development; Receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this chapter; Require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties; Furnish technical assistance requested by persons subject to this chapter to further their compliance with this chapter or an order issued thereunder; Make studies appropriate to effectuate the purposes and policies of this chapter and make the results thereof available to the public; Render, in accordance with the rules, regulations, policies and procedures of the state publications committee, a written report. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter; Adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of this chapter, including regulations requiring the posting of notices prepared or approved by the commission; Cooperate with community, professional, civic and religious organizations, federal agencies and agencies from other states in the development of public information programs, leadership and activities in the interest of equal opportunity and treatment of all individuals; Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of this chapter. The commission may empower these agencies to: Study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; Foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and Make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this chapter. Members of such advisory agencies shall serve without pay, but shall be reimbursed for expenses incurred in such services. The commission may make provision for technical and clerical assistance to the advisory agencies; and Conduct tests of housing accommodations and availability through the use of staff, both full time and part time, and of volunteers to ascertain the availability of housing, both in sales and also in rentals of real property. Acts 1978, ch. 748, § 6; 1979, ch. 422, § 25; T.C.A., § 4-2104; Acts 1980, ch. 732, § 5; 1984, ch. 1007, § 3; T.C.A., § 4-21-104 ; Acts 1989, ch. 6, § 3; 1990, ch. 1024, § 9; 1992, ch. 1027, § 2; 1996, ch. 1034, §§ 2, 3. Code Commission Notes. Acts 1993, ch. 307, § 4 provided that the rule of the state human rights commission concerning sexual harassment be published as a permanent note under this chapter. This rule, which is presently printed as 29 CFR 1604.11, effective July 20, 1992, as amended by 64 FR 58333, 58334, Oct. 29, 1999, is as follows: “§ 1604.11 Sexual Harassment. “(a) Harassment on the basis of sex is a violation of section 703 of title VII. n1 Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. “(1) The principles involved here continue to apply to race, color, religion or national origin. “(b) In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis. “(c) [Reserved] “(d) With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action. “(e) An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees. “(f) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under title VII, and developing methods to sensitize all concerned. “(g) Other related practices: Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.” Compiler's Notes. This section may be affected by § 9-1-116 , concerning entitlement to funds, absent appropriation. Law Reviews. Age Discrimination: A Growth Industry (Charles H. Anderson), 25 No. 6 Tenn. B.J. 24 (1989). Affirmatively Furthering Neighborhood Choice: Vacant Property Strategies and Fair Housing, 46 U. Mem. L. Rev. 1009 (2016). Political Correctness Askew: Excesses in the Pursuit of Minds and Manners (Kenneth Lasson), 63 Tenn. L. Rev. 689 (1996). 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). 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). Attorney General Opinions. Effect of 1996 legislation regarding the executive director, OAG 97-090, 1997 Tenn. AG LEXIS 89 (5/30/97). Tennessee human rights commission — Authority to investigate “improper administration of justice,” OAG 99-192, 1999 Tenn. AG LEXIS 206 (9/28/99).