Amends TCA Title 4, Chapter 21; Title 50; Title 58, Chapter 2 and Title 68.

Generally, the Tennessee Human Rights Act prohibits various forms of discrimination in employment, public accommodations, and housing. A violation of the Act subjects the violator to various forms of administrative action, such as: hiring, reinstatement or upgrading of employees with or without back pay; payment to the complainant of damages for an injury, including humiliation and embarrassment; posting notices; and other remedies. Additionally, any person injured by any act in violation of the Act may sue for injunctive relief and actual damages. This bill makes it a discriminatory practice under the Act to treat a person differently on the basis of vaccination status and prohibits requiring a person to receive certain types of COVID-19 vaccines. VACCINE STATUS DISCRIMINATION Under this bill, it is a discriminatory practice for: (1) A person to refuse, withhold from, or deny to a person a service, good, facility, advantage, privilege, license, educational opportunity, healthcare access, or employment opportunity based on the person's vaccination status or whether the person has an immunity passport; (2) An employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; or (3) A place of public accommodation, resort, or amusement to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity passport. This bill authorizes the human rights commission to impose a civil penalty of $5,000 for each violation of (1) – (3). This bill defines "vaccination status" as an indication of whether a person has received one or more doses of a vaccination, immunization, or injection for COVID-19; and an "immunity passport" as a document, digital record, or software application indicating that a person is immune to COVID-19, either through vaccination, immunization, injection, medical treatment, or infection and recovery. This bill's discrimination provision does not apply to vaccination requirements for school children. Under this bill, it is not a discriminatory practice for a person, employer, or governmental entity to recommend that an individual receive a vaccine. Similarly, a healthcare institution does not unlawfully discriminate if the institution: (1) Asks an employee to volunteer the employee's vaccination status or immunity passport for the purpose of determining whether the healthcare facility should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases; and (2) Implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to COVID-19 to protect the safety and health of employees, patients, visitors, and other persons from COVID-19. PROHIBITION ON TYPES OF VACCINES This bill prohibits a person from requiring another person to receive a COVID-19 vaccine whose use is allowed under an emergency use authorization or that is undergoing safety trials. NURSING HOMES AND ASSISTED LIVING FACILITIES EXEMPTED An assisted living facility, long-term care facility, or nursing home is exempted from the discrimination and vaccination provisions of this bill during a period of time that compliance with those provisions would result in a violation of regulations or guidance issued by the federal centers for medicare and medicaid services or the federal centers for disease control and prevention.