Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 12; Title 13 and Title 49.
This bill prohibits the state from discriminating against, or granting preferential treatment to, an individual or group based on the individual's or group's race, sex, color, ethnicity, or national origin in the operation of any aspect of public employment, public education, or public contracting. This bill specifies that it does not: (1) Prohibit bona fide occupational qualifications based on sex that are reasonably necessary for the normal and efficient operation of public employment, public education, or public contracting; (2) Invalidate any court order or consent decree that is in full force and effect on July 1, 2022; or (3) Prohibit action required to establish or maintain eligibility for any federal program or federally funded program where ineligibility would result in a loss of federal funds to the state. A person aggrieved by a violation of this bill will have a private right of action against the state and will be entitled to recover compensatory damages in an amount not to exceed the maximum statutory limitation for each respective category of compensatory damages pursuant to present law governing economic and noneconomic damages, if the person prevails in an action brought pursuant to this section. This bill defines "state" as the state of Tennessee, including a political subdivision thereof, a public higher education system and the individual institutions governed as part of the respective system, a local education agency, a public charter school, and any other entity or instrumentality of the state of Tennessee that derives its authority from the state of Tennessee. ON MARCH 31, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND HELD HOUSE BILL 2569, AS AMENDED, ON THE DESK. AMENDMENT #1 adds that this bill does not preempt any state law in existence as of the effective date of this bill that provides a preference to an individual or group of individuals with respect to public contracting and the procurement of public contracts. This amendment also specifies that this bill applies only to contracts executed, renewed, or amended on or after July 1, 2022.
This bill prohibits the state from discriminating against, or granting preferential treatment to, an individual or group based on the individual's or group's race, sex, color, ethnicity, or national origin in the operation of any aspect of public employment, public education, or public contracting. This bill specifies that it does not: (1) Prohibit bona fide occupational qualifications based on sex that are reasonably necessary for the normal and efficient operation of public employment, public education, or public contracting; (2) Invalidate any court order or consent decree that is in full force and effect on July 1, 2022; or (3) Prohibit action required to establish or maintain eligibility for any federal program or federally funded program where ineligibility would result in a loss of federal funds to the state. A person aggrieved by a violation of this bill will have a private right of action against the state and will be entitled to recover compensatory damages in an amount not to exceed the maximum statutory limitation for each respective category of compensatory damages pursuant to present law governing economic and noneconomic damages, if the person prevails in an action brought pursuant to this section. This bill defines "state" as the state of Tennessee, including a political subdivision thereof, a public higher education system and the individual institutions governed as part of the respective system, a local education agency, a public charter school, and any other entity or instrumentality of the state of Tennessee that derives its authority from the state of Tennessee. ON MARCH 31, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND HELD HOUSE BILL 2569, AS AMENDED, ON THE DESK. AMENDMENT #1 adds that this bill does not preempt any state law in existence as of the effective date of this bill that provides a preference to an individual or group of individuals with respect to public contracting and the procurement of public contracts. This amendment also specifies that this bill applies only to contracts executed, renewed, or amended on or after July 1, 2022.
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