Tennessee § 4-21-302 - Complaints — Consideration by commission.

§ 4-21-302. Complaints — Consideration by commission.

A person claiming to be aggrieved by a discriminatory practice, or a member of the commission may file with the commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged, referred to in this part as the respondent. Within ten (10) days after receipt of the complaint, the commission shall serve on the complainant a notice acknowledging the filing of the complaint and informing the complainant of the respondent's time limits and choice of forums under this chapter. The commission staff, or a person designated pursuant to its rules, shall promptly investigate the matter to determine whether the discriminatory practice exists and shall within ten (10) days furnish the respondent with a copy of the complaint and a notice advising the respondent of the respondent's procedural rights and obligations under this chapter. The complaint must be filed within one hundred eighty (180) days after the commission of the alleged discriminatory practice. The commission staff, or a person designated pursuant to its rules, shall commence an investigation of the complaint within thirty (30) days after the filing of the complaint. The commission staff, or designee, shall promptly investigate the matter to determine whether the discriminatory practice exists. If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission shall furnish a copy of the order to the complainant, the respondent, and such public officers and persons as the commission deems proper. The complainant, within thirty (30) days after receiving a copy of the order dismissing the complaint, may file with the commission an application for reconsideration of the order. Upon such application, the commission or an individual designated pursuant to its rules shall make a new determination within thirty (30) days whether there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission shall issue an order dismissing the complaint after reconsideration, and furnishing a copy of the order to the complainant, the respondent, and such public officers and persons as the commission deems proper. Acts 1978, ch. 748, § 17; T.C.A., §§ 4-2115, 4-21-115; Acts 1992, ch. 1027, §§ 3, 4. Textbooks. Tennessee Jurisprudence. 6A Tenn. Juris., Constitutional Law, § 71. Law Reviews. Employment Law — Carr v. United Parcel Service: Individual Liability Under the Tennessee Human Rights Act, 29 U. Mem. L. Rev. 245 (1998). Attorney General Opinions. The human rights commission has authority to process complaints alleging violations of T.C.A. § 4-21-904 , which includes the authority to investigate such complaints under T.C.A. § 4-21-302 ; the commission is also authorized to review complaints filed with state agencies under T.C.A. § 4-21-905 to determine whether Title VI of the Federal Civil Rights Act of 1964, 42 U.S.C. § 2000 d et seq., is applicable, OAG 00-107, 2000 Tenn. AG LEXIS 109 (6/12/00).