TN Human Rights Commission Has Been Dissolved: What Employees Should Know - Barrett & Farahany

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TN Human Rights Commission Has Been Dissolved: What Employees Should Know

TN Human Rights Commission Has Been Dissolved: What Employees Should Know

Tennessee Human Rights Commission Dissolved: What Employees Need to Know

On July 1, 2025, Tennessee made a significant change to how it handles workplace discrimination claims. The Tennessee Human Rights Commission (THRC), which had been investigating and adjudicating employment discrimination complaints for decades, was officially dissolved. In its place, the state established the Civil Rights Enforcement Division (CRED) under the Tennessee Attorney General’s Office.

For Tennessee employees who have experienced workplace discrimination, this transition raises important questions: Where do I file my complaint now? What happens to cases that were already in progress? How will the new process differ from the old one?

The employment law attorneys at Barrett & Farahany break down everything Tennessee workers need to know about filing discrimination complaints in this new landscape and how these changes might affect your rights.

What Happened to the Tennessee Human Rights Commission?

The Tennessee Human Rights Commission was the state agency responsible for investigating claims of employment discrimination based on protected characteristics like race, sex, age, disability, and religion. When the state legislature voted to dissolve the THRC, all pending complaints were dismissed, and the commission’s investigative and adjudicative functions came to an end.

The decision to eliminate the THRC represented a fundamental shift in how Tennessee approaches civil rights enforcement. Rather than maintaining an independent commission with the authority to investigate complaints and issue findings, the state moved enforcement responsibilities to the Attorney General’s office.

Introducing the Civil Rights Enforcement Division (CRED)

The Civil Rights Enforcement Division operates under the Tennessee Attorney General’s Office and now serves as the primary state-level body for handling discrimination complaints. CRED is tasked with investigating claims of employment discrimination that fall under Tennessee law.

However, there are key differences between how CRED operates compared to the former THRC. Most notably, CRED does not have the authority to adjudicate cases or issue binding decisions. Instead, the division focuses on investigation and, where appropriate, may refer cases for further legal action. This means that employees seeking a formal ruling on their discrimination claim will likely need to pursue litigation in court or file with the federal Equal Employment Opportunity Commission (EEOC).

What Happened to Pending THRC Cases?

One of the most immediate impacts of the THRC’s dissolution was the dismissal of all pending complaints. If you had a discrimination complaint filed with the THRC that was still under investigation or awaiting a decision as of July 1, 2025, that complaint was closed.

This does not mean your case is over entirely. Employees whose complaints were dismissed have options:

  • Refile with CRED: You can submit a new complaint to the Civil Rights Enforcement Division, though this will restart the investigative process from the beginning.
  • File with the EEOC: The federal EEOC still accepts discrimination complaints and operates independently of state agencies. Filing with the EEOC may be a strong option, especially if your employer has 15 or more employees (the threshold for most federal discrimination protections).
  • Consult an attorney: Because CRED cannot adjudicate cases, working with an employment lawyer early can help you understand the best path forward, whether that’s pursuing federal remedies or preparing for litigation.

How to File a Discrimination Complaint Under the New System and Who to File With

If you believe you have experienced workplace discrimination, you now have two primary avenues for filing a complaint: CRED or the EEOC.

Filing with CRED

To file a complaint with the Civil Rights Enforcement Division, you’ll need to submit your claim to the Tennessee Attorney General’s Office. The process is designed to be more streamlined than the previous THRC procedure, with investigators taking a faster, more flexible approach to reviewing claims.

Here’s what to expect:

  1. Gather your documentation: Collect any evidence related to your claim, including emails, performance reviews, witness statements, and records of discriminatory conduct.
  2. Submit your complaint: Contact CRED through the Attorney General’s Office to initiate your complaint. Be prepared to provide detailed information about the discrimination you experienced, including dates, names, and specific incidents.
  3. Investigation: CRED will review your complaint and may conduct interviews or request additional documentation. The investigative process is intended to be quicker than under the old system.
  4. Outcome: Unlike the THRC, CRED does not issue findings or adjudicate claims. If your complaint is substantiated, CRED may refer the matter for further action, but you may need to pursue litigation to obtain relief.

Filing with the EEOC

The EEOC enforces federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Filing with the EEOC can be done in addition to or instead of filing with CRED.

Here’s how the EEOC process works:

  1. Contact the EEOC: You can file a charge of discrimination online, by mail, or in person at an EEOC office. Tennessee has EEOC offices in Memphis and Nashville.
  2. Timely filing: You generally have 180 days from the date of the discriminatory act to file with the EEOC, though this may be extended to 300 days in states with their own anti-discrimination agencies.
  3. Investigation: The EEOC will investigate your claim, which may include interviewing witnesses and reviewing documents.
  4. Right to sue: If the EEOC finds evidence of discrimination, it may attempt to resolve the matter through mediation or litigation. If not, or if you choose to proceed independently, the EEOC will issue you a “right to sue” letter, allowing you to file a lawsuit in federal court.

Key Differences Between CRED and the THRC

The shift from the THRC to CRED brings several important procedural changes:

  • No adjudication authority: The THRC could hold hearings and issue findings on discrimination complaints. CRED cannot. This means employees who want a formal ruling will need to pursue their claims through the courts or the EEOC.
  • Faster investigations: CRED’s process is designed to be more streamlined, which may result in quicker investigations. However, without the authority to adjudicate, the outcome of a CRED investigation may simply be a referral for further action.
  • Increased role for attorneys: Because CRED does not resolve cases, employees will likely benefit from legal representation earlier in the process. An attorney can help you decide whether to file with CRED, the EEOC, or both, and can prepare your case for litigation if necessary.

How Barrett & Farahany Can Help

Navigating Tennessee’s new system for handling discrimination complaints can be confusing, especially if you had a pending case with the THRC that was dismissed. At Barrett & Farahany, we represent Tennessee employees in all types of workplace discrimination cases, including claims involving race, sex, age, disability, and retaliation.

Whether you need help filing a complaint with CRED, pursuing a claim with the EEOC, or taking your case to court, our experienced employment attorneys can guide you through every step of the process.

Protect Your Workplace Rights

The dissolution of the Tennessee Human Rights Commission has created uncertainty for many employees, but your rights remain protected under both state and federal law. If you’ve experienced discrimination at work, don’t wait. The sooner you take action, the stronger your case will be.

Contact Barrett & Farahany today to schedule a consultation. We’ll review your situation, explain your options, and help you take the next steps toward justice.

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