Amends TCA Title 4 and Title 50.
Present law authorizes the Tennessee human rights commission to investigate and hold hearings concerning complaints of discriminatory practices. Additionally, a person who is injured by a discriminatory practice can sue for injunctive relief and damages.<br /> <br /> This bill makes it a discriminatory practice for a person who is paying a non-employee for labor or services to engage in harassment of the non-employee because of the non-employee's sex. Under this bill, harassment of a non-employee by an employee of the person who is paying the non-employee for labor or services will be deemed harassment by the person if the person knew or should have known of the employee's conduct and failed to take immediate and appropriate corrective action. This bill defines "non-employee" as an individual, other than an employee, paid directly by the employer in exchange for the individual's labor or services.<br /> <br /> This bill specifies that it applies to the following persons who are paying non-employees for labor or services:<br /> <br /> (1) A person with eight or more employees or with one or more non-employees providing labor or services;<br /> <br /> (2) A person acting as an agent of another person, directly or indirectly;<br /> <br /> (3) A person employed by another person whose scope of employment includes supervising or managing employees;<br /> <br /> (4) The state; or<br /> <br /> (5) Any political subdivision of the state.<br />
Present law authorizes the Tennessee human rights commission to investigate and hold hearings concerning complaints of discriminatory practices. Additionally, a person who is injured by a discriminatory practice can sue for injunctive relief and damages.<br /> <br /> This bill makes it a discriminatory practice for a person who is paying a non-employee for labor or services to engage in harassment of the non-employee because of the non-employee's sex. Under this bill, harassment of a non-employee by an employee of the person who is paying the non-employee for labor or services will be deemed harassment by the person if the person knew or should have known of the employee's conduct and failed to take immediate and appropriate corrective action. This bill defines "non-employee" as an individual, other than an employee, paid directly by the employer in exchange for the individual's labor or services.<br /> <br /> This bill specifies that it applies to the following persons who are paying non-employees for labor or services:<br /> <br /> (1) A person with eight or more employees or with one or more non-employees providing labor or services;<br /> <br /> (2) A person acting as an agent of another person, directly or indirectly;<br /> <br /> (3) A person employed by another person whose scope of employment includes supervising or managing employees;<br /> <br /> (4) The state; or<br /> <br /> (5) Any political subdivision of the state.<br />
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