Tennessee Code Annotated
Tenn. Code Ann. § 4-21-302 (2026)
Complaints - Consideration by commission
✓ current as of May 2026
- (a) A person claiming to be aggrieved by a discriminatory practice, or a member of the commission may file with the commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the commission to identify the persons charged, referred to in this part as the respondent. Within ten (10) days after receipt of the complaint, the commission shall serve on the complainant a notice acknowledging the filing of the complaint and informing the complainant of the respondent's time limits and choice of forums under this chapter.
- (b) The commission staff, or a person designated pursuant to its rules, shall promptly investigate the matter to determine whether the discriminatory practice exists and shall within ten (10) days furnish the respondent with a copy of the complaint and a notice advising the respondent of the respondent's procedural rights and obligations under this chapter.
- (c) The complaint must be filed within one hundred eighty (180) days after the commission of the alleged discriminatory practice.
- (d)
- (1) The commission staff, or a person designated pursuant to its rules, shall commence an investigation of the complaint within thirty (30) days after the filing of the complaint. The commission staff, or designee, shall promptly investigate the matter to determine whether the discriminatory practice exists.
- (2) If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission shall furnish a copy of the order to the complainant, the respondent, and such public officers and persons as the commission deems proper.
- (e)
- (1) The complainant, within thirty (30) days after receiving a copy of the order dismissing the complaint, may file with the commission an application for reconsideration of the order.
- (2) Upon such application, the commission or an individual designated pursuant to its rules shall make a new determination within thirty (30) days whether there is reasonable cause to believe that the respondent has engaged in a discriminatory practice.
- (3) If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the commission shall issue an order dismissing the complaint after reconsideration, and furnishing a copy of the order to the complainant, the respondent, and such public officers and persons as the commission deems proper.
Acts 1978, ch. 748, § 17; T.C.A., §§ 4-2115, 4-21-115; Acts 1992, ch. 1027, §§ 3, 4.
Notes of Decisions
Cited in 26
cases (4 in the last 5 years), 1988–2024 · leading case: Moore v. Nashville Elec. Power Bd., 72 S.W.3d 643 (Tenn. Ct. App. 2001).
Moore v. Nashville Elec. Power Bd., 72 S.W.3d 643 (Tenn. Ct. App. 2001). “See T.C.A. § 4-21-302. If a THRA claimant follows the administrative path, he or she may only challenge the Commission’s decision in court after the administrative proceedings have been concluded.”
Forbes v. Wilson Cnty. Emergency Dist. 911 Bd., 966 S.W.2d 417 (Tenn. 1998). “The handicap discrimination statute embodies the remedies provided by the THRA in Tenn.Code Ann. §§ 4-21-302 to - 311. TenmCode Ann.”
Plasti-Line, Inc. v. Tennessee Human Rights Comm'n, 746 S.W.2d 691 (Tenn. 1988). “Thereafter the Commission shall follow the procedure and exercise the powers and duties provided in T.C.A. §§ 4-21-302 to 311, and the aggrieved claimant shall have all rights provided therein.”
Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119 (Tenn. 1992). “*121 § 4-21-302 as opposed to direct action in chancery court under T.”
Boyd v. Tennessee State Univ., 848 F. Supp. 111 (M.D. Tenn. 1994). “See Tenn.Code Ann. §§ 4-21-302, -307, -311 (19 & Supp.”
Garner v. SDH Servs. East, LLC, 55 F. Supp. 3d 1016 (M.D. Tenn. 2014). “The TDA states that, upon receipt of a discrimination complaint by an aggrieved *1024 individual, the Tennessee Human Rights Commission (“THRC”) must “follow the procedure and exercise the powers and duties provided in §§ 4-21-302 — 4-21-311, and the person shall have all rights…”
Burnett v. Tyco Corp., 932 F. Supp. 1039 (W.D. Tenn. 1996). “Tenn.Code Ann. §§ 4-21-302 to -306. If no action has been taken within 180 days of the filing of the charge, the complainant may petition the chancery court to order the THRC to act.”
Equal Emp. Opportunity Comm'n v. Dillard Dep't Stores, Inc., 768 F. Supp. 1247 (W.D. Tenn. 1991). “§ 2000e-5(c) and Tennessee Code Annotated § 4-21-302(a) (1978) (formerly § 4-21-115(a)).”
Belcher v. Sears, Roebuck & Co., 686 F. Supp. 671 (M.D. Tenn. 1988). “§ 4-21-311 or proceed through an administrative procedure pursuant to Tenn. Code Ann. §§ 4-21-302 through 4-21-307.”
England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). “Tenn.Code Ann. §§ 4-21-302(a), 302(e), 307.”
Conner v. City of Jackson, Tenn., 669 F. Supp. 2d 886 (W.D. Tenn. 2009). “See Tenn.Code Ann. §§ 4-21-302 through 307(a).”
Walker v. Town of Greeneville, 347 F. Supp. 2d 566 (E.D. Tenn. 2004). “1 Plaintiffs EEOC charge specifies that he was sent home on August 20, 2002 after requesting accommodation, and he has not been allowed to return to work.”
— Tenn. Code Ann. § 4-21-302(a) — 2 cases
England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). “Tenn.Code Ann. §§ 4-21-302(a), 302(e), 307.”
Equal Emp. Opportunity Comm'n v. Dillard Dep't Stores, Inc., 768 F. Supp. 1247 (W.D. Tenn. 1991). “§ 2000e-5(c) and Tennessee Code Annotated § 4-21-302(a) (1978) (formerly § 4-21-115(a)).”
— Tenn. Code Ann. § 4-21-302(b) — 1 case
Equal Emp. Opportunity Comm'n v. Dillard Dep't Stores, Inc., 768 F. Supp. 1247 (W.D. Tenn. 1991). “§ 2000e-5(c) and Tennessee Code Annotated § 4-21-302(a) (1978) (formerly § 4-21-115(a)).”
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