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~tate of utennessee
PUBLIC CHAPTER NO. 494
HOUSE BILL NO. 622
By Representatives Maberry, Lamberth, Mr. Speaker Sexton, Faison, Reeves, McCalmon,
Capley, Grills, Hill, Terry, Carringer, Davis, Sherrell, Littleton, Powers, Reedy, Bulso,
Todd, Reneau, Hulsey
Substituted for: Senate Bill No. 1083
By Senators Johnson, Hensley, Powers, Rose, Stevens, Watson, Bowling, Yager, Bailey,
Crowe, Gardenhire, Jackson, Taylor
AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8 and Title
49, relative to hiring practices of governmental entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Dismantle DEi in Employment
Act."
SECTION 2. Tennessee Code Annotated, Title 5, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) The general assembly finds that local governments are at their most effective
when the employees of the local government are the most highly qualified candidates for
employment with the local government and that hiring decisions should be based on
merit rather than any other metric.
(b) A county government shall not base an employment decision on any metric
that considers an applicant's or employee's race, ethnicity, sex, age, or any other similar
demographic characteristic, rather than on individual merit, qualifications, veteran status,
or lawful eligibility criteria.
(c)
(1) This section does not apply to an employment decision of a county
government, if the county government submits notice in writing to the comptroller
of the treasury that compliance with this section would result in a loss of federal
funding, to the extent such an exemption for the employment decision is
necessary to conform to federally awarded or amended contracts, subcontracts,
or postsecondary grants as a condition to receipt of federal funds. The
comptroller of the treasury shall create guidelines as to what information is
required in the notice. The comptroller shall review a notice submitted by a
county government and, if the comptroller finds that compliance would result in
the loss of federal funding, then the comptroller shall notify the county
government in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller
exempts an employment decision by a county government from this section, the
county government shall submit in writing to the comptroller to have the
exemption renewed for an additional one-year period. A county government shall
notify the comptroller within fourteen (14) days if the conditions or justifications
for the comptroller granting the exemption no longer exist.
(d) As used in this section, "employment decision":
(1) Means any action or determination relating to the hiring, firing,
retention, promotion, demotion, discipline, evaluation, compensation, training,
reassignment, or any other term, condition, or privilege of employment; and
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(2) Does not include actions required under applicable state or federal
employment laws.
SECTION 3. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by
adding the following as a new section:
(a) The general assembly finds that local governments are at their most effective
when the employees of the local government are the most highly qualified candidates for
employment with the local government and that hiring decisions should be based on
merit rather than any other metric.
(b) A municipal government shall not base an employment decision on any
metric that considers an applicant's or employee's race, ethnicity, sex, age, or any other
similar demographic characteristic, rather than on individual merit, qualifications, veteran
status, or lawful eligibility criteria.
(c)
(1) This section does not apply to an employment decision of a municipal
government, if the municipal government submits notice in writing to the
comptroller of the treasury that compliance with this section would result in a loss
of federal funding, to the extent such an exemption for the employment decision
is necessary to conform to federally awarded or amended contracts,
subcontracts, or postsecondary grants as a condition to receipt of federal funds.
The comptroller of the treasury shall create guidelines as to what information is
required in the notice. The comptroller shall review a notice submitted by a
municipal government and, if the comptroller finds that compliance would result
in the loss of federal funding, then the comptroller shall notify the municipal
government in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller
exempts an employment decision by a municipal government from this section,
the municipal government shall submit in writing to the comptroller to have the
exemption renewed for an additional one-year period. A municipal government
shall notify the comptroller within fourteen (14) days if the conditions or
justifications for the comptroller granting the exemption no longer exist.
(d) For the purposes of this section, "employment decision":
(1) Means any action or determination relating to the hiring, firing,
retention, promotion, demotion, discipline, evaluation, compensation, training,
reassignment, or any other term, condition, or privilege of employment; and
(2) Does not include actions required under applicable state or federal
employment laws.
SECTION 4. Tennessee Code Annotated, Title 7, Chapter 3, Part 1, is amended by
adding the following as a new section:
(a) The general assembly finds that local governments are at their most effective
when the employees of the local government are the most highly qualified candidates for
employment with the local government and that hiring decisions should be based on
merit rather than any other metric.
(b) A metropolitan government shall not base an employment decision on any
metric that considers an applicant's or employee's race, ethnicity, sex, age, or any other
similar demographic characteristic, rather than on individual merit, qualifications, veteran
status, or lawful eligibility criteria.
(c)
(1) This section does not apply to an employment decision of a
metropolitan government, if the metropolitan government submits notice in
writing to the comptroller of the treasury that compliance with this section would
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result in a loss of federal funding, to the extent such an exemption for the
employment decision is necessary to conform to federally awarded or amended
contracts, subcontracts, or postsecondary grants as a condition to receipt of
federal funds. The comptroller of the treasury shall create guidelines as to what
information is required in the notice. The comptroller shall review a notice
submitted by a metropolitan government and, if the comptroller finds that
compliance would result in the loss of federal funding, then the comptroller shall
notify the metropolitan government in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller
exempts an employment decision by a metropolitan government from this
section, the metropolitan government shall submit in writing to the comptroller to
have the exemption renewed for an additional one-year period. A metropolitan
government shall notify the comptroller within fourteen (14) days if the conditions
or justifications for the comptroller granting the exemption no longer exist.
(d) For the purposes of this section, "employment decision":
(1) Means any action or determination relating to the hiring, firing,
retention, promotion, demotion, discipline, evaluation, compensation, training,
reassignment, or any other term, condition, or privilege of employment; and
(2) Does not include actions required under applicable state or federal
employment laws.
SECTION 5. Tennessee Code Annotated, Title 49, Chapter 2, Part 1, is amended by
adding the following as a new section:
(a) The general assembly finds that LEAs are at their most effective when the
faculty members and employees of the LEAs are the most highly qualified candidates for
employment with the LEAs and that hiring decisions should be based on merit rather
than any other metric.
(b) An LEA shall not base an employment decision on any metric that considers
an applicant's or employee's race, ethnicity, sex, age, or any other similar demographic
characteristic, rather than on individual merit, qualifications, veteran status, or lawful
eligibility criteria.
(c)
(1) This section does not apply to an employment decision of an LEA, if
the LEA submits notice in writing to the comptroller of the treasury that
compliance with this section would result in a loss of federal funding, to the
extent such an exemption for the employment decision is necessary to conform
to federally awarded or amended contracts, subcontracts, or postsecondary
grants as a condition to receipt of federal funds. The comptroller of the treasury
shall create guidelines as to what information is required in the notice. The
comptroller shall review a notice submitted by an LEA and, if the comptroller
finds that compliance would result in the loss of federal funding, then the
comptroller shall notify the LEA in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller
exempts an employment decision by an LEA from this section, the LEA shall
submit in writing to the comptroller to have the exemption renewed for an
additional one-year period. An LEA shall notify the comptroller within fourteen
(14) days if the conditions or justifications for the comptroller granting the
exemption no longer exist.
(d) For the purposes of this section, "employment decision":
(1) Means any action or determination relating to the hiring, firing,
retention, promotion, demotion, discipline, evaluation, compensation, training,
reassignment, or any other term, condition, or privilege of employment; and
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(2) Does not include actions required under applicable state or federal
employment laws.
SECTION 6. Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by
adding the following as a new section:
(a) The general assembly finds that public institutions of higher education are at
their most effective when the faculty members and employees of the institutions are the
most highly qualified candidates for employment with the institutions and that hiring
decisions should be based on merit rather than any other metric.
(b) A public institution of higher education shall not base an employment decision
on any metric that considers an applicant's or employee's race, ethnicity, sex, age, or
any other similar demographic characteristic, rather than on individual merit,
qualifications, veteran status, or lawful eligibility criteria.
(c)
(1) This section does not apply to an employment decision of a public
institution of higher education government, if the public institution of higher
education submits notice in writing to the comptroller of the treasury that
compliance with this section would result in a loss of federal funding, to the
extent such an exemption for the employment decision is necessary to conform
to federally awarded or amended contracts, subcontracts, or postsecondary
grants as a condition to receipt of federal funds. The comptroller of the treasury
shall create guidelines as to what information is required in the notice. The
comptroller shall review a notice submitted by a public institution of higher
education and, if the comptroller finds that compliance would result in the loss of
federal funding, then the comptroller shall notify the public institution of higher
education in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller
exempts an employment decision by a public institution of higher education from
this section, the public institution of higher education shall submit in writing to the
comptroller to have the exemption renewed for an additional one-year period. A
public institution of higher education shall notify the comptroller within fourteen
(14) days if the conditions or justifications for the comptroller granting the
exemption no longer exist.
(d) For the purposes of this section, "employment decision":
(1) Means any action or determination relating to the hiring, firing,
retention, promotion, demotion, discipline, evaluation, compensation, training,
reassignment, or any other term, condition, or privilege of employment; and
(2) Does not include actions required under applicable state or federal
employment laws.
SECTION 7. Tennessee Code Annotated, Title 8, Chapter 30, Part 1, is amended by
adding the following as a new section:
(a) The general assembly finds that the state government is at its most effective
when the employees of the state government are the most highly qualified candidates for
employment with the state government and that hiring decisions should be based on
merit rather than any other metric.
(b) This state shall not base an employment decision on any metric that
considers an applicant's or employee's race, ethnicity, sex, age, or any other similar
demographic characteristic, rather than on individual merit, qualifications, veteran status,
or lawful eligibility criteria.
(c)
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(1) This section does not apply to an employment decision of this state, if
the state submits notice in writing to the comptroller of the treasury that
compliance with this section would result in a loss of federal funding, to the
extent such an exemption for the employment decision is necessary to conform
to federally awarded or amended contracts, subcontracts, or postsecondary
grants as a condition to receipt of federal funds. The comptroller of the treasury
shall create guidelines as to what information is required in the notice. The
comptroller shall review a notice submitted by the state and, if the comptroller
finds that compliance would result in the loss of federal funding, then the
comptroller shall notify the state in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller
exempts an employment decision by a public institution of higher education from
this section, the state shall submit in writing to the comptroller to have the
exemption renewed for an additional one-year period. The state shall notify the
comptroller within fourteen (14) days if the conditions or justifications for the
comptroller granting the exemption no longer exist.
(d) For the purposes of this section, "employment decision":
(1) Means any action or determination relating to the hiring, firing,
retention, promotion, demotion, discipline, evaluation, compensation, training,
reassignment, or any other term, condition, or privilege of employment; and
(2) Does not include actions required under applicable state or federal
employment laws.
SECTION 8. Tennessee Code Annotated, Section 49-1-302(9), is amended by deleting
the subsection and substituting instead:
(g) The board shall not adopt a policy that promotes educator diversity based on
race, ethnicity, sex, age, or any other similar demographic characteristic, rather than on
individual merit, qualifications, veteran status, or lawful eligibility criteria. Any policy
previously adopted by the board in conflict with this subsection is void and of no effect.
SECTION 9. This act takes effect upon becoming a law, the public welfare requiring it.
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HOUSE BILL NO. 622
PASSED: April 22, 2025
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CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
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- RANDY MCNALl.Y
SPEAKER OF THE SENATE
r ,;1. APPROVED this J9 day of (Vb_, ,. 2025
BILL LEE, GOVERNOR ·~Every fact on this page links to its source, starting with the official bill record.