Bill > SB0398

This bill prohibits state boards in Tennessee from discriminating against individuals based on race, color, ethnicity, or national origin in their membership and operations. Specifically, the bill prevents boards from excluding people from membership or making decisions about board composition using race-based criteria, including affirmative action policies, racial preferences, or racial quotas. The legislation establishes a private right of action, allowing individuals to sue boards, officers, employees, or agents who violate these provisions. If a lawsuit is successful, plaintiffs can recover actual or compensatory damages, and potentially punitive damages if the discrimination was intentional or showed reckless indifference to the plaintiff's rights. The bill mandates a minimum statutory damage award of $4,000 for any proven violation, and allows plaintiffs to seek injunctive and declaratory relief. Importantly, the state waives sovereign immunity in these cases, meaning government entities can be sued under these new provisions. The bill applies to boards under Titles 62 and 63 of the Tennessee Code, which cover various professional and health-related regulatory entities, and will take effect immediately upon becoming law.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB0398&ga=114