Tennessee Code Annotated

Tenn. Code Ann. § 4-21-306 (2026)

Remedies

✓ current as of May 2026

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(a) Affirmative action ordered under this section may include, but is not limited to:
- (1) Hiring, reinstatement or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable;
- (2) Admission or restoration of individuals to union membership, admission to, or participation in, a guidance program, apprenticeship, training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs;
- (3) Admission of individuals to a place of public accommodation, resort or amusement;
- (4) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent;
- (5) Reporting as to the manner of compliance;
- (6) Posting notices in conspicuous places in the respondent's place of business in the form prescribed by the commission and inclusion of such notices in advertising material;
- (7) Payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney's fee;
- (8) Such other remedies as shall be necessary and proper to eliminate all the discrimination identified by the evidence submitted at the hearing or in the record; and
- (9)
  - (A) In cases involving discriminatory housing practices only, payment by the respondent of a civil penalty:
    - (i) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices;
    - (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or
    - (iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint;
  - (B) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (a)(9)(A)(ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

(b) The commission may publish, or cause to be published, the names of persons who have been determined to have engaged in a discriminatory practice.

Acts 1978, ch. 748, §§ 21; T.C.A., §§ 4-2119, 4-21-119; Acts 1992, ch. 1027, § 7.

Notes of Decisions

Cited in 32 cases, 1988–2020 · leading case: Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997).

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Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997). · cites it 14× “The remedies for violations of the THRA are provided for in Tenn.Code Ann. §§ 4-21-306 & -311. (1991 Repl.”

Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). · cites it 4× “” Tenn.Code Ann. § 4-21-306(a)(7) (2005) (emphasis added).”

England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). · cites it 27× “Tenn.Code Ann. §§ 4-21-306, 4-21-311 (1994).”

Forbes v. Wilson Cnty. Emergency Dist. 911 Bd., 966 S.W.2d 417 (Tenn. 1998). · cites it 7× “The trial *421 judge entered a judgment for $ 404,650 3 and reasonable attorney’s fees pursuant to Tenn. Code Ann. § 4-21-306 (a)(7). The defendants raise the following issues on appeal concerning the award of damages: (1) Whether Mrs.”

Moore v. Nashville Elec. Power Bd., 72 S.W.3d 643 (Tenn. Ct. App. 2001). · cites it 3× “The list of remedies the Act provides in T.C.A. § 4-21-306 is extensive. 5 This full measure of damages has been, and continues to be, one of the most important reasons courts have refused to bar actions under the THRA when an administrative procedure and remedy were available…”

Laschinski T. Emerson v. Oak Ridge Rsch., Inc. a/k/a Oak Ridge Realty Holding, Inc. & Nathaniel Revis, 187 S.W.3d 364 (Tenn. Ct. App. 2005). · cites it 3× “Tenn. Code Ann. § 4-21-306 . Thus, the fee award would be proper by the application of these THRA provisions, also see Tenn.”

Harman v. Moore's Quality Snack Foods, Inc., 815 S.W.2d 519 (Tenn. Ct. App. 1991). · cites it 4× “For instance, one of the major remedies of the act under TCA § 4-21-306, is “back-pay” for the employee.”

Baker v. Windsor Repub. Doors, 635 F. Supp. 2d 765 (W.D. Tenn. 2009). · cites it 5× “The THRA permits the Tennessee Human Rights Commission to order, among other things, “[p]ayment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney’s fee” as well…”

Cripps v. United Biscuit of Great Britain, 732 F. Supp. 844 (E.D. Tenn. 1989). · cites it 8× “is the recognition that T.C.A. § 4-21-306, under which administrative remedies include “damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice," T.”

Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999). · cites it 3× “§ 4-21-306. Moreover, it is conceivable that a contrary ruling would thwart the intent of the framers of the THRA to provide sexual harassment victims with a full recovery, since employer defendants would argue that THRA suits brought by employee plaintiffs are barred by the…”

Thomas v. Allen-Stone Boxes, Inc., 925 F. Supp. 1316 (W.D. Tenn. 1995). · cites it 15× “In 1989, this section was amended in part by the addition of subsection (b): “In addition to the remedies set forth in this section, all remedies described in Section 4-21-306 shall be available in any such lawsuit.”

Tammie Ackelson v. Manley Toy Direct, L.L.C. & Toy Network, L.L.C. v. Manley Toy Direct, L.L.C.. & Toy Network, L.L.C., 832 N.W.2d 678 (Iowa 2013). “§ 962(c)(3) (West 2009); Tenn.Code Ann. §§ 4-21-306(a)(7), -311(b) (2011); Wash.”

Show all 32 citing cases →

— Tenn. Code Ann. § 4-21-306(7) — 2 cases

Reagan v. City of Knoxville, 692 F. Supp. 2d 891 (E.D. Tenn. 2010).

Stuart v. Metro. Gov't of Nashville & Davidson Cnty., 679 F. Supp. 2d 851 (M.D. Tenn. 2009).

— Tenn. Code Ann. § 4-21-306(8) — 2 cases

Carver v. Citizen Utils. Co., 954 S.W.2d 34 (Tenn. 1997). “The remedies for violations of the THRA are provided for in Tenn.Code Ann. §§ 4-21-306 & -311. (1991 Repl.”

Cripps v. United Biscuit of Great Britain, 732 F. Supp. 844 (E.D. Tenn. 1989). “is the recognition that T.C.A. § 4-21-306, under which administrative remedies include “damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice," T.”

— Tenn. Code Ann. § 4-21-306(a)(7) — 12 cases

Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). “” Tenn.Code Ann. § 4-21-306(a)(7) (2005) (emphasis added).”

Forbes v. Wilson Cnty. Emergency Dist. 911 Bd., 966 S.W.2d 417 (Tenn. 1998). “The trial *421 judge entered a judgment for $ 404,650 3 and reasonable attorney’s fees pursuant to Tenn. Code Ann. § 4-21-306 (a)(7). The defendants raise the following issues on appeal concerning the award of damages: (1) Whether Mrs.”

Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999). “§ 4-21-306. Moreover, it is conceivable that a contrary ruling would thwart the intent of the framers of the THRA to provide sexual harassment victims with a full recovery, since employer defendants would argue that THRA suits brought by employee plaintiffs are barred by the…”

Baker v. Windsor Repub. Doors, 635 F. Supp. 2d 765 (W.D. Tenn. 2009). “The THRA permits the Tennessee Human Rights Commission to order, among other things, “[p]ayment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney’s fee” as well…”

— Tenn. Code Ann. § 4-21-306(a)(8) — 5 cases

Harman v. Moore's Quality Snack Foods, Inc., 815 S.W.2d 519 (Tenn. Ct. App. 1991). “For instance, one of the major remedies of the act under TCA § 4-21-306, is “back-pay” for the employee.”

England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). “Tenn.Code Ann. §§ 4-21-306, 4-21-311 (1994).”

Thomas v. Allen-Stone Boxes, Inc., 925 F. Supp. 1316 (W.D. Tenn. 1995). “In 1989, this section was amended in part by the addition of subsection (b): “In addition to the remedies set forth in this section, all remedies described in Section 4-21-306 shall be available in any such lawsuit.”

Wilkinson v. Sally Beauty Co., Inc., 896 F. Supp. 741 (M.D. Tenn. 1995).

Beach v. Ingram & Assocs., Inc., 927 F. Supp. 255 (M.D. Tenn. 1996).

— Tenn. Code Ann. § 4-21-306(a)(9) — 3 cases

England v. Fleetguard, Inc., 878 F. Supp. 1058 (M.D. Tenn. 1995). “Tenn.Code Ann. §§ 4-21-306, 4-21-311 (1994).”

Beach v. Ingram & Assocs., Inc., 927 F. Supp. 255 (M.D. Tenn. 1996).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.