Tenn. Comp. R. & Regs. 1500-01-01-.02 - FILING OF REPORTS AND PRESERVATION OF RECORDS

(1) Filing of Reports. The Commission may require employers, employment agencies, and labor organizations in the State of Tennessee subject to Tennessee Code Annotated (T.C.A.), Title 4, Chapter 21, Tennessee Code Annotated, Title 8, Chapter 50, Section 103 and/or subject to the Federal Civil Rights Act of 1964, 42 USC Section 2000e as amended, to file the appropriate standard employment information reports (i.e., Employer's Information Reports (EEO1)) to the offices designated by the Commission on an annual basis.

(2) The Commission reserves the right to require reports about the employment practices of individual employers or groups of employers whenever such information has not been furnished to the U.S. Equal Employment Opportunity Commission or to the Tennessee Human Rights Commission as prescribed by the law and the rules and regulations of the two (2) Commissions. In connection with the investigation of a complaint, the Commission reserves the right to require an employer to provide such information that has not been received by the Commission whose information is more than six (6) months out-of-date. Where the appropriate Equal Employment Opportunity form job categories or the appropriate THRC form job categories do not provide a breakdown descriptive of the employer's actual job categories, the Commission may require a more descriptive work force breakdown.

(3) The provisions respecting confidentiality of information contained in Section 709(e) of the U.S. Civil Rights Act of 1964, T.C.A. § 10-7-504, T.C.A. § 4-21-303(d), 29 CFR Parts 1601.22 and 1601.26 shall be observed by all Commissioners and Commission staff of the Tennessee Human Rights Commission.

(a) The Commission's complaint files, investigative files, and complaint record-keeping system shall be confidential, except that the Commission shall make the investigative file available to the complainant, the respondent, their attorneys, and any state or federal law enforcement agency seeking to enforce anti-discrimination statutes, upon written request and after legal review. The identity of individuals interviewed as witnesses shall remain confidential except when the disclosure of their identity becomes necessary at the time of public hearing. The Commission may charge a reasonable fee for any copies made pursuant to a file copy request.

(b) Review and removal of confidential material from investigative files provided to parties or their attorneys shall be conducted or supervised by a Commission staff attorney and shall be conducted in a manner to protect the privacy of all involved parties and non-parties. Material to be removed shall include, but shall not be limited to, confidential witness information; intra-Commission notes; memoranda or other items which would reveal recommendations, impressions, strategy, or deliberative process relating to the investigation, settlement or litigation; credit reports; arrest and/or conviction records; and all attorney work product. All sensitive medical information and sensitive personnel file information concerning the complainant or others, provided by persons other than the party requesting the file and which is not relevant to the issues raised in the charge, shall be removed. Where such information concerning persons other than the complainant is relevant to the issues raised in the charge, names and other identifying information shall be redacted before disclosure in order to protect the persons' privacy.

(c) The Executive Director, or Commission staff member designated by the Executive Director, is authorized and empowered to certify all documents or records which are a part of the files and records of the Commission.

(4) Any personnel or employment record made or kept by an employer (including, but not limited to, application forms submitted by applicants; other records having to do with hiring, promotion, demotion, transfer, layoff or termination; rates of pay or other terms of compensation; and selection for training or apprenticeship) shall be preserved by the employer for a period of six (6) months from the date of the making of the record or termination of an employee. The personnel records of an individual terminated shall be kept for a period of six (6) months from the date of the making of the record or termination of an employee. Where a complaint of discrimination has been filed, the respondent employer shall preserve all personnel records relevant to the complainant until final disposition of the complaint. The term "personnel records relevant to the complaint," includes, but is not limited to, personnel or employment records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant, as well as application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the complainant applied and was rejected. The date of "final disposition of the complaint" means the date of the statutory period within which the complainant, the intervenor, or the Commission may bring an action in chancery or circuit court, or the date on which such litigation is terminated, whichever is later.

(5) If a person fails to make, keep, or preserve records or make reports in accordance with these regulations, the Commission may seek an order requiring compliance from chancery or circuit court.

(6) The Commission may require all employers, labor unions, and employment agencies subject to the jurisdiction of the EEOC to file a duplicate of information furnished to EEOC with the Commission for whichever reporting interval required of them by EEOC.

(7) Any record made or kept by real estate brokers, salespersons, or operators, and financial institutions, (including, but not limited to, application forms submitted by applicants; leases; rental payment histories; loan agreements and terms thereto; credit reports; complaints and lease violations; and other records having to do with the provision of housing) shall be preserved by the real estate brokers, salespersons, or operators, and financial institutions for a period of six (6) months from the date of the making of the record or the termination of a lease or loan agreement. The records of an evicted individual or an individual denied a housing opportunity shall be kept for a period of six (6) months from the date of the making of the record or the denial of the opportunity. When a complaint of discrimination has been filed, the respondent real estate brokers, salespersons, or operators, and financial institutions shall preserve all housing records relevant to the complainant until final disposition of the complaint. The term "housing records relevant to the complaint," includes, but is not limited to, application or housing records relating to the complainant and to all other applicants or tenants holding or seeking opportunities similar to that held or sought by the complainant, as well as application forms or papers completed by an unsuccessful applicant or by all other applicants for the same opportunity as that for which the complainant applied and was rejected. The date of "final disposition of the complaint" means the date of the statutory period within which the complainant, the intervenor, or the Commission may bring an action in chancery or circuit court, or the date on which such litigation is terminated, whichever is later.

Notes

Tenn. Comp. R. & Regs. 1500-01-01-.02

Original rule certified June 10, 1974. Amendment filed December 5, 1979; effective January 19, 1979. Amendment filed April 30, 1997; effective August 28, 1997. Amendment filed September 7, 2000; effective January 29, 2001. Amendment filed June 18, 2003; effective October 28, 2003. Notice of Withdrawal to paragraphs (4), (6), and (10) filed and effective September 24, 2003. Amendment filed November 19, 2003; effective March 29, 2004. Repeal and new rule filed August 9, 2007; effective October 23, 2007. Stay of effective date filed by the Joint Government Operations Committee of the State of Tennessee General Assembly for forty-five days; new effective date is December 6, 2007. Amendments filed December 17, 2008; effective April 30, 2009. Repeal and new rule filed November 15, 2010; effective February 13, 2011.

Authority: T.C.A. §§ 4-21-102, 4-21-202, 4-21-203, 4-21-302, 4-21-303, 4-21-208, 4-21-406, 4-21-602, 4-21-904, 4-21-905, 8-50-103, 10-7-504, and Public Chapter No. 706 of the Public Acts of 2008.