Tennessee Code Title 4. State Government § 4-21-302

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) If the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in an act or practice in violation of this chapter, then the attorney general may bring an action in the name of the state or on behalf of the complainant against such person to restrain, by temporary restraining order, temporary injunction, or permanent injunction, the use of such act or practice.

(2) The attorney general may file an action pursuant to this section in the chancery court or circuit court in a county in which the alleged violation occurred or is about to occur, in a county in which the respondent resides or has the respondent's principal place of business, or another chancery court or circuit court of competent jurisdiction over respondent.

(b)(1) A court may issue orders and injunctions to restrain and prevent violations of laws enforceable by the attorney general, and such orders and injunctions must be issued without bond.

(2)(A) A court may grant or deny the relief sought on conditions the court deems just and equitable, including payment to the state of a civil penalty of not more than five thousand dollars ($5,000) for each discrete violation. If an act or practice injures more than one (1) person, then a separate violation occurs for each person injured.

(B) If a court finds that a violation was intentional, or that the respondent has engaged in a pattern and practice of violations, then the court may order payment to the state of a civil penalty of not more than fifteen thousand dollars ($15,000) for each discrete violation. If an act or practice injures more than one (1) person, then a separate violation occurs for each person injured.

(C) In cases involving discriminatory housing practices only, the court may order payment by the respondent of a civil penalty in an amount not exceeding:

(i) Ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed prior unlawful discriminatory housing practices;

(ii) 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) 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.

(D) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who was previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (b)(2)(C)(ii) and (iii) may be imposed without regard to the period of time within which a subsequent discriminatory housing practice occurred.

(3) A court may award affirmative relief including, but not limited to:

(A) 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 must operate to reduce the back pay otherwise allowable;

(B) 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;

(D) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent;

(E) Reporting as to the manner of compliance;

(F) Posting notices in conspicuous places in the respondent's place of business in the form prescribed by the attorney general and inclusion of such notices in advertising material;

(G) Payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including reasonable attorneys' fees; and

(H) Such other remedies as are necessary and proper to eliminate discriminatory violations of this chapter.

(c) A court may also order reimbursement to the attorney general for the reasonable costs and expenses of investigation and prosecution of actions under this chapter, including attorneys' fees.

(d) In the course of an action brought pursuant to subsection (a), the court may order the parties to engage in mediation, with the costs of the mediation being borne equally by the parties. If a party requests the court to order the parties to mediation, then the requesting party bears the costs of the mediation, unless both parties agree to bear the costs.

(e) A knowing violation of the terms of an injunction or order issued pursuant to this section is punishable by a civil penalty of not more than two thousand dollars ($2,000) per day for each violation, recoverable by the state, in addition to other appropriate relief.

(f) Whenever a permanent injunction is issued by a court in connection with an action that has become final, reasonable costs and expenses of investigation and prosecution of actions under this chapter, including attorneys' fees, must be awarded, unless the parties agree otherwise.

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Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-21-302 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-21-302/

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