State lawmakers want to take oversight of possible discrimination in federal funding from the Tennessee Human Rights Commission (THRC) and give it to the Tennessee Attorney General.
State agencies have to follow federal rules when they get federal money. One of those rules — Title VI of the Civil Rights Act of 1964 — disallows discrimination on the basis of race, color, and national origin.
In 2002, then-Governor Don Sundquist, a Republican, created the Title VI Complain Commission. In 2009, the THRC was given the authority to verify that state government entities comply with the requirements of Title VI.
But new legislation would strip this oversight and enforcement from the state group and would give that power to Tennessee AG Jonathan Skrmetti’s office.
The bill is sponsored by state Sen. John Stevens (R-Huntingdon) and Rep. Johnny Garrett (R-Goodlettsville). It would transfer from the THRC to the AG “the responsibility of identifying state laws, rules, programs, services, and budgetary priorities that conflict with the components, guidelines, and objectives of a comprehensive state policy established by the commission to ensure compliance with Title VI requirements.”
A review of the bill was slated for the Senate Judiciary Committee Monday afternoon. No further details of the legislation — including the motivation for it — have been heard so far. However, the bill passed on partisan lines in a House subcommittee last week. Only two members, Rep. Larry Miller (D-Memphis) and Rep. Jesse Chism (D-Memphis), voted against the bill.
THRC is an independent and neutral state agency that takes and investigates complaints of alleged discrimination in housing, employment, and public accommodations. It also monitors Title VI compliance for state agencies and entities getting federal money. It is the primary state agency responsible for enforcing anti-discrimination laws in the state of Tennessee.
“The Commission plays a key role in ensuring that the citizens of Tennessee are aware of their civil rights, their responsibilities under the laws that THRC enforces, and have a viable means for justice when their rights are violated,” the group said in its latest annual report.
Last year, the group received 1,097 inquiries of alleged Title VI discrimination. Of those, 332 complaints were accepted. Of those, 162 cases were closed. Settlements and mediations resulted in $4,000 to be awarded to complainants.
Most of those complaints were on alleged discrimination of race, retaliation, sex, and disability.
THRC found that all of the 49 state agencies reporting to it were in compliance of Title VI requirements.
Failure to meet Title VI requirements could result in loss of federal money. Last year, Tennessee got $31 billion in federal funds. TennCare, the state’s Medicaid program, got the largest share at $19.2 billion.
The THRC also offers technical assistance to the state’s many agencies, including the University of Memphis. Last year, the group said it fielded 237 requests for such help.
Read THRC’s Title VI annual report here.
