(a) It is not a discriminatory practice for:

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Terms Used In Tennessee Code 4-21-406

  • Commission: means the Tennessee human rights commission. See Tennessee Code 4-21-102
  • Employer: means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state, or any person acting as an agent of an employer, directly or indirectly. See Tennessee Code 4-21-102
  • Employment agency: means any person or agency, public or private, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer. See Tennessee Code 4-21-102
  • Labor organization: includes any 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 any agent acting for organizations. See Tennessee Code 4-21-102
  • National origin: includes the national origin of an ancestor. See Tennessee Code 4-21-102
  • 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 organized groups of persons. See Tennessee Code 4-21-102
  • Sex: means and refers only to the designation of an individual person as male or female as indicated on the individual's birth certificate. See Tennessee Code 4-21-102
(1) An employer to employ employees;
(2) An employment agency to classify, or refer for employment any individual;
(3) A labor organization to classify its members or to classify or refer for employment any individual; or
(4) An employer, labor organization, or joint training or retraining programs to admit or employ any individual in any such program;

on the basis of religion or sex in those certain instances where religion or sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

(b) It is not a discriminatory practice for a person subject to this chapter to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, creed, color, religion, sex, age or national origin, if the plan has been filed with the commission and the commission has not disapproved the plan.