Amends TCA Title 4, Chapter 21; Title 8; Title 49 and Title 50.

ON APRIL 27, 2021, THE SENATE ADOPTED AMENDMENT #1 AND RESET SENATE BILL 136, AS AMENDED.<br /> <br /> AMENDMENT #1 deletes the provision defining race and adds that the protections of the present law employment-related discrimination provisions, as applied to protective hairstyles, do not apply to a public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment. <br /> <br /> ON MAY 3, 2021, THE SENATE FURTHER CONSIDERED SENATE BILL 136, AND PASSED SENATE BILL 136, AS AMENDED.<br /> <br /> ON APRIL 11, 2022, THE HOUSE SUBSTITUTED SENATE BILL 136 FOR HOUSE BILL 204, ADOPTED AMENDMENTS #1 AND #2, AND RESET SENATE BILL 136, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to prohibit an employer from enforcing a policy that does not permit an employee to wear the employee's hair in braids, locs, twists, or another manner that is part of the cultural identification of the employee's ethnic group or that is a physical characteristic of the employee's ethnic group. A violation of this amendment will be deemed discriminatory, void as against the public policy of this state, and punishable only as provided in this amendment. This amendment specifies that a violation of its provision will not form the basis for a violation of another provision of law. This amendment further specifies that it does not create a private cause of action.<br /> <br /> An employer who violates this amendment will be subject to a penalty as determined by the commissioner of labor and workforce development by rule. This bill requires the commissioner to promulgate rules that:<br /> <br /> (1) Specify the amount of the penalty per violation;<br /> <br /> (2) Provide an employer with an opportunity to request a contested case hearing; and<br /> <br /> (3) Provide a warning to an employer in lieu of a penalty if the violation is the employer's first violation and the employer fully complies with all remedial action requested by the commissioner.<br /> <br /> Moneys collected pursuant to this amendment will be used for enforcement of this bill as amended, with remaining moneys used to educate employers in this state about this amendment.<br /> <br /> This amendment will not apply to:<br /> <br /> (1) A public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment; or<br /> <br /> (2) A policy that an employer must adopt to comply with federal or state laws, rules, or regulations relative to health or safety.<br /> <br /> For rule promulgating purposes, this bill as amended will take effect upon becoming a law. For all other purposes, this bill as amended will take effect January 1, 2023.<br /> <br /> AMENDMENT #2 prohibits an employer from "adopting a policy" instead of "enforcing a policy," removes the penalty provisions described above in the summary for House Amendment #1, and provides for the commissioner providing a warning to an employer that violates this bill as amended.<br /> <br /> ON APRIL 18, 2022, THE HOUSE FURTHER CONSIDERED SENATE BILL 136 AND PASSED SENATE BILL 136, AS AMENDED BY HOUSE AMENDMENTS #1 AND #2.<br />