On July 1, 2025, Tennessee Attorney General Jonathan Skrmetti announced the launch of the Civil Rights Enforcement Division (CRED), a newly established unit within the Attorney General’s Office. This significant structural change follows the Tennessee General Assembly’s decision to dissolve the Tennessee Human Rights Commission (THRC) and transfer its responsibilities to the Attorney General’s Office. CRED is now the primary body responsible for enforcing the Tennessee Human Rights Act and Tennessee Disability Act and accepts discrimination complaints in employment, housing, public accommodation, and education.
Below, we summarize the key changes, discuss the impact on employers, outline the new charge process, and preview the potential of similar trends in other states.
Key Changes: Creation of the Civil Rights Enforcement Division
- End of the Tennessee Human Rights Commission: The THRC has been dissolved. All duties related to enforcing state anti-discrimination laws are now handled by CRED within the state’s Attorney General’s Office.
- Centralization of Enforcement: CRED will operate from Nashville and is tasked with investigating and prosecuting complaints of unlawful discrimination.
- Complaint Portal: Individuals who believe they have experienced discrimination can file complaints directly with CRED, similar to how complaints were handled previously with THRC.
- Transition of Cases: Parties with questions about pending or dismissed cases due to the THRC’s dissolution are directed to CRED’s website for further information.
Impact on Employers
The establishment of CRED represents a significant shift in how civil rights laws will be enforced in Tennessee. Key implications for employers include:
- New Enforcement Authority: The Attorney General’s Office, through CRED, will now investigate and prosecute discrimination claims, potentially resulting in more robust enforcement or different investigative approaches than under the THRC.
- Policy and Practice Review: Employers should review and update antidiscrimination and accommodation policies to ensure continued compliance with state law, as CRED may have different procedural expectations or priorities.
- Communication: Employers should communicate these changes to employees, maintain training opportunities for management, and highlight the company’s positions on unlawful harassment, discrimination, and retaliation and how employees can submit internal complaints.
- Recordkeeping and Cooperation: With the transition to CRED, employers should ensure they continue to maintain thorough records of employment and related decisions and respond to inquiries from the Attorney General’s Office as it relates to new or existing complaints.
The New Process for Discrimination Charges
With the dissolution of the THRC, the process for filing and responding to discrimination complaints has changed:
- Filing a Complaint: Individuals alleging discrimination under the Tennessee Human Rights Act or Tennessee Disability Act file directly with CRED via its online portal.
- Investigation: CRED will review and investigate complaints with the authority to prosecute violations and seek remedies.
- Employer Response: Upon receipt of a complaint, employers should respond to any requests for information from CRED and consult counsel as needed.
- Remedies and Outcomes: The scope of remedies available under state law remains unchanged, but the process may differ as CRED establishes its procedures.
Employers with pending matters before the now-dissolved THRC should consult CRED’s website (linked above) for information on case status and the next steps.
Monitoring Developments in Other States
Tennessee’s move to centralize civil rights enforcement within the Attorney General’s Office may reflect a broader trend of states starting to reconsider the structure and authority of their civil rights agencies. Other states have recently debated changes to civil rights enforcement mechanisms, with the aim of greater efficiency or increased prosecutorial authority; however, there are no changes to date.
Husch Blackwell’s Labor & Employment team is closely monitoring these developments nationwide and will keep clients informed of similar legislative or administrative changes that may impact multi-state employers.
Conclusion
The creation of the Civil Rights Enforcement Division marks a new era for anti-discrimination enforcement in Tennessee. Employers should take this opportunity to review compliance practices, update policies, and ensure readiness to respond to complaints under the new system.
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