A House panel on Monday voted to advance a bill that would abolish the Tennessee Human Rights Commission over objections from some Democrats that the legislation could jeopardize the rights of Tennesseans to seek justice for their discrimination claims.
The proposed legislation (HB910/SB861) by Sen. John Stevens of Huntingdon and Rep. Johnny Garrett of Goodlettsville, both Republicans, would transfer the nonpartisan commission’s responsibilities to the Office of the Attorney General in a newly-created Civil Rights Enforcement Division.
Democrats on the panel questioned the need to dismantle the 60-year-old, independent commission responsible for enforcing civil rights laws in employment, housing and public accommodations – including investigations into claims of discrimination made against the state of Tennessee — and shift its responsibilities to Jonathan Skrmetti, who, as attorney general, has aggressively used the power of his office to champion conservative causes.
“I do have a concern with this attorney general making political decisions rather than legal decisions and — to the extent that threatens the civil rights of the citizens of Tennessee — I think we need to take a very very careful look at that,” said Rep. John Ray Clemmons, a Nashville Democrat.
Garrett said the Human Rights Commission was currently doing a “fine job” but giving the power of civil rights enforcement to the attorney general may serve as a greater deterrent to those accused of discrimination.
“I think if someone receives a letter or an action that the attorney general is investigating their actions, I think that’s going to perk up some people,” he said.
The proposed legislation alters the scope of discrimination claims that may be pursued against educational institutions.
The bill creates a pathway for those denied admission to schools on the basis of “race, color or national origin” — or participation in clubs or activities — to file complaints with the Attorney General, a provision widely understood to give white students a basis to file claims against educational institutions that have diversity, equity and inclusion policies.
But in response to a question from Rep. G.A. Hardaway about whether the genesis of the proposed law is “somehow related to reverse discrimination,” Garrett responded that he “did not know how to respond” to the question.
The bill also excludes disability and religion from the list of discriminatory activities in educational institutions that the attorney general would be required to investigate. Garrett noted that there remain federal avenues for pursuing those claims.
The bill would eliminate the Human Rights Commission by July 1, transferring 30 of its employees to the offices of the attorney general, who would then have the option to utilize employees at his discretion.
About 1,000 pending discrimination complaints before the commission would be dismissed, forcing the individuals who brought them – and the employers and institutions who have spent time and money defending themselves — to start anew, Muriel Malone Nolen, the commission’s executive director testified last week.
Individuals who have filed complaints would have the option of restarting their complaint within 90 days of the law taking effect, but Nolen noted that some of those actions may then fall out of a 180-day statute of limitations and no longer be viable.
This story was originally published by the Tennessee Lookout.
