In a sweeping legislative shift that could reshape Tennessee’s civil rights enforcement landscape, the Tennessee General Assembly passed Public Chapter No. 471, dissolving the longstanding Tennessee Human Rights Commission (THRC) and creating a new Civil Rights Enforcement Division (CRED) under the authority of the attorney general. Effective July 1, this transformation marks the most significant overhaul of civil rights enforcement in the state in over half a century. The move has major implications for employees, employers and attorneys navigating employment discrimination claims under state law.

THE END OF THE TENNESSEE HUMAN RIGHTS COMMISSION

Established in 1963, the THRC operated as the state’s independent civil rights watchdog. It was charged with enforcing the Tennessee Human Rights Act (THRA), the Tennessee Disability Act (TDA), and other anti-discrimination laws in employment, housing and public accommodations. The THRC was also recognized by the federal Equal Employment Opportunity Commission (EEOC) as a Fair Employment Practices Agency (FEPA), allowing for cooperative investigations and extended filing windows.

However, as of June 30, the THRC ceased to exist as an operational state agency due to Public Chapter No. 471. The legislation provided for the commission’s formal sunset and the repeal of the statutory sections governing its duties and enforcement powers. While existing members of the THRC continued to serve through the sunset date, the commission’s authority was transferred to new executive structures. CRED now serves as the central agency enforcing the THRA and TDA in areas of employment, housing, public accommodation and education. Additionally, Public Chapter 471 tasks the Tennessee Department of Human Resources (DOHR) with enforcing Title VI compliance by state entities. Any lawful orders issued by the THRC before its dissolution remain valid and enforceable, but now under the authority of CRED rather than that of the defunct commission.

THE CREATION OF THE CIVIL RIGHTS ENFORCEMENT DIVISION (CRED)

The centerpiece of Tennessee’s new enforcement framework is the Civil Rights Enforcement Division, established within the Office of the Attorney General. Unlike the THRC, which operated as an independent agency, CRED is fully housed under the control of the attorney general, who now assumes centralized authority over the state’s civil rights enforcement responsibilities.

Under the new law, CRED is tasked with executing the state’s responsibilities under the THRA, the TDA and the Pregnancy Discrimination Act, among others. The division’s director — appointed by the attorney general — will oversee investigations, accept and process complaints, attempt conciliation, and initiate legal action when necessary.

CRED is expected to be staffed with many of the same personnel previously employed by the THRC, as funding for up to 30 employment positions has been transferred to the attorney general’s office. However, the attorney general retains full discretion over staffing and operational priorities.

This restructuring signals a philosophical shift in enforcement strategy. In a public statement on July 1, Attorney General Jonathan Skrmetti emphasized that CRED “marks a fresh start for antidiscrimination enforcement in Tennessee” and pledged to pursue enforcement “with excellence, integrity and efficiency.”¹ The rhetoric suggests a desire for streamlined, potentially more prosecutorial enforcement of civil rights violations — an approach distinct from the quasi-judicial, commission-led model of the past.

IMPLICATIONS FOR EMPLOYMENT LITIGATION IN TENNESSEE

The dismantling of the THRC and creation of CRED introduces a new era for employment litigation in Tennessee. Several aspects of the new law and enforcement regime are particularly significant:

1 Administrative complaints (charges) filed before July 1, 2025: A burning question in light of this transformation revolved around what would happen to complaints filed before July 1, which were pending before the THRC at the time of its dissolution. According to CRED’s Frequently Asked Questions website: “If you had an employment discrimination complaint pending with the Tennessee Human Rights Commission on June 30, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) is now handling your complaint. You do not need to refile your complaint with the Civil Rights Enforcement Division of the Tennessee Attorney General’s Office.” 2

2 Administrative complaints (charges) filed after July 1, 2025: For state-level complaints, the filing deadline under state law remains 180 days from the date of the alleged discriminatory act. However, individuals must now submit their complaints to CRED instead of the THRC. While hard copy complaints are accepted, CRED is encouraging potential complainants to utilize its online complaint portal for efficiency and a quicker turnaround time.3 For years, the THRC participated in a work-sharing agreement with the EEOC, through which it was designated as a Fair Employment Practices Agency (FEPA). This designation allowed for “dual filing” such that charges filed with a FEPA were forwarded to the EEOC, eliminating the need to file separately with the state and federal agency. Importantly, the FEPA status extended the filing deadline for EEOC complaints to 300 days (rather than 180 days) following the alleged discriminatory employment practice. At present, it is undetermined whether CRED will seek to obtain the same FEPA designation that the THRC held. Most practitioners believe that CRED will follow in the THRC’s footsteps and obtain FEPA status, which allows for “dual filing” and extending the filing deadline. This is supported by the fact that CRED has already been working with the EEOC such that the federal agency has taken over those pending complaints without the need for complainants to refile. However, as of the date of this article, CRED’s website is silent on the topic, and the EEOC’s website still lists the THRC as the state’s FEPA. Employment law practitioners would be wise to pay attention to developments on this front as it could impact filing requirements and deadlines.

3 Prosecutorial Enforcement Model: CRED must establish procedures for complaint intake, investigation, conciliation and, where appropriate, legal action. CRED’s powers are broader and more prosecutorial in nature than those of the THRC. Under the new law, the attorney general may investigate discrimination complaints, issue civil investigative demands, initiate enforcement actions, and seek both injunctive and monetary relief — including civil penalties of up to $15,000 per violation in some cases.

4 What stays the same? Importantly, the new law preserves and clarifies the private right of action under the THRA. Individuals may bring suit in chancery or circuit court within one year of the alleged discriminatory act and may seek compensatory damages, injunctive relief and attorneys’ fees. Public Chapter 471 maintains and specifies caps on compensatory damages for nonpecuniary losses in private employment discrimination cases, scaling the limits based on the size of the employer. For example, employers with 500 or more employees are subject to a $300,000 cap, while those with fewer than 15 employees face a $25,000 limit.

CONCLUSION

The dissolution of the Tennessee Human Rights Commission and the rise of the Civil Rights Enforcement Division mark a fundamental transformation in how the state investigates and enforces its civil rights laws. This realignment under the attorney general’s office centralizes authority, imposes a potentially more aggressive enforcement style, and introduces significant procedural and strategic changes for litigants. For employees and attorneys, the shift necessitates new vigilance in understanding complaint deadlines, filing procedures and litigation risks. For employers, it demands a proactive reassessment of internal policies, training and compliance efforts to mitigate exposure under this new enforcement regime. As Tennessee moves forward with this newly minted civil rights framework, the legal community will be watching closely to see how CRED defines itself in practice — and how its emergence shapes the future of workplace discrimination litigation across the Volunteer State. |||

EDWARD G. PHILLIPS is a lawyer with Kramer Rayson LLP in Knoxville, where his primary areas of practice are labor and employment law. He graduated with honors from East Tennessee State University and received his law degree from the University of Tennessee College of Law in 1978 with honors, and as a member of The Order of the Coif. He is a former chair of the Tennessee Bar Association’s Labor and Employment Law Section.

BRANDON L. MORROW is a lawyer with Kramer Rayson LLP in Knoxville. He represents businesses, educational institutions and religious institutions in employment- and civil rights-related matters. He holds a bachelor’s degree from the University of Tennessee and a law degree from the University of Tennessee College of Law.

NOTES

1. Tennessee Attorney General’s Office Opens Civil Rights Enforcement Division, July 1, 2025, www.tn.gov/attorneygeneral/news/2025/7/1/pr25-38.html.
2. CRED: Frequently Asked Questions, www.tn.gov/attorneygeneral/cred/cred-faq.html.
3. CRED Online Complaint Portal, stateoftennessee.formstack.com/forms/cred.