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Current as of January 02, 2024 | Updated by Findlaw Staff
As used in this chapter, unless the context otherwise requires:
(1) “Attorney general” means the office of the attorney general and reporter, the attorney general and reporter, or the attorney general and reporter's designee;
(2) “Commission” means the Tennessee human rights commission;
(3) “Complainant” means the attorney general or a person who files a complaint alleging a discriminatory practice in violation of this chapter;
(4) “Director” means the director of the office of the attorney general and reporter's civil rights enforcement division;
(5) “Disability” means the same as the term is defined in 42 U.S.C. §§ 12102, 12208, 12210, and 12211 as effected in 2009, but does not include current, illegal use of, or addiction to, a controlled substance or controlled substance analogue;
(6) “Discriminatory practice” means:
(A) A direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, national origin, or another basis prohibited by this chapter; or
(B) An act or practice in furtherance of such differentiation or preference;
(7) “Division” means the civil rights enforcement division in the office of the attorney general and reporter;
(8) “Employer” means a person employing eight (8) or more individuals within this state, or a person acting as an agent of an employer, directly or indirectly;
(9) “Employment agency” means a person, public or private, who regularly undertakes, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer;
(10) “Familial status” means one (1) or more individuals, who have not attained eighteen (18) years of age, being domiciled with:
(A) A parent or another individual having legal custody of such individual or individuals; or
(B) The designee of such parent or other individual having such custody, with the written permission of such parent or other person. The protections against discrimination on the basis of familial status apply to an individual who is pregnant or who is in the process of securing legal custody of an individual who has not attained eighteen (18) years of age;
(11) “Family” includes a single individual;
(12) “Financial institution” means a bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvements of real property, or an individual employed by or acting on behalf of such institution;
(13) “Housing accommodation” includes improved and unimproved property and means a building, structure, lot, or part thereof that is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one (1) or more individuals;
(14) “Labor organization” includes an organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment or an agent acting for organizations;
(15) “National origin” includes the national origin of an ancestor;
(16) “Person” includes one (1) or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations, or other entities however organized;
(17) “Places of public accommodation, resort, or amusement”:
(A) Includes a place, store, or other establishment, either licensed or unlicensed, that supplies goods or services to the general public or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds; and
(B) Does not include a bona fide private club if the club's policies are determined solely by its members and the club's facilities or services are available only to the club's members and their bona fide guests;
(18) “Real estate broker” or “real estate salesperson” means an individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such activity; or who advertises or holds such individual out as engaged in such activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance upon a transfer of real estate; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby such individual undertakes to promote the sale, purchase, exchange, rental, or lease of real estate through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of such broker or salesperson;
(19) “Real estate operator” means an individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, or other legal or commercial entities, or the county or its agencies, that is engaged in the business of selling, purchasing, exchanging, renting, or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate; or an individual employed by or acting on behalf of such operators;
(20) “Real estate transaction” includes the sale, exchange, rental, or lease of real property;
(21) “Real property” includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or an interest in such property;
(22) “Respondent” means an employer, employment agency, labor organization, joint housing accommodation, person, school, or other entity subject to this chapter that is alleged to have committed a discriminatory practice in violation of this chapter in a complaint or subject to an investigation by the attorney general;
(23) “School” means:
(A) An elementary or middle school as defined in § 49-6-301;
(B) A junior high school or senior high school as defined in § 49-6-401;
(C) A college or a certificate program as defined in § 49-7-2003;
(D) A public charter school as defined in § 49-13-104; and
(E) All public and nonpublic schools as defined in § 49-6-3001;
(24) “Sex” has the same meaning as defined in § 1-3-105; and
(25) “Violation” means a practice or discrete act prohibited by this chapter.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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