Tennessee amends equal‑employment‑opportunity definition to comply with federal executive order; committee approves emergency rule

The joint Government Operations Committee on June 24 approved an emergency rule amendment from the Tennessee Department of Human Resources that revises the state definition of an “equal employment opportunity plan” to conform with Executive Order 14,173.

The Department said the change is intended to preserve the state's ability to receive federal contracts and grants while maintaining statistical tracking of workforce participation. Eric Mayo, senior policy advisor for the Department of Human Resources, told the committee, “On 01/21/2025, the president issued executive order 14,173 titled ending illegal discrimination and restoring merit based opportunity.”

Committee members pressed agency staff about the scope and practical effects of the change. Representative McKenzie asked whether the rule means “every state falls under the purview of this executive order,” and Mayo and Andrew Puryear, senior associate counsel, explained the department updated its definition because federal contractors and recipients of federal funding must comply and the state must align to avoid jeopardizing federal dollars. Mayo said the revised definition reads as a “statistical document which identifies and analyzes patterns in the participation and utilization of certain groups in the workforce based on federal and or state law requirements.”

Lawmakers repeatedly asked whether demographic categories used in hiring or in application forms would be removed; agency staff said they would follow up with precise answers about what fields appear on application forms and reiterated that the department is not using such information for hiring decisions. Representative Hardaway asked staff to “define tracking versus gathering the data,” and Mayo said he would “double check exactly what information we have been collecting on the applications” and follow up with the committee.

The agency said the rule was issued as an emergency because Executive Order 14,173 sets a 90‑day compliance window and noncompliance could place federal funding at risk. Mayo told the committee the department had already held a public hearing on May 19 with no public comments, and staff initiated a formal rulemaking to make the change permanent at a later date.

The committee approved the emergency amendment with a positive recommendation in both chambers. The Senate vote was recorded at seven ayes and one no; the House approved the measure in voice vote.

The department said it will follow up with committee members in writing about which application fields are collected and how those data are used as the permanent rulemaking proceeds.